PRABHAWATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) ADMITTEDLY by Notification No. 327 II. dated 5.7.1982 under Sec. 4 of the Bihar Land Acquisition Act (hereinafter referred to as the Act) the lands of the following appellants were acquired by the respondent State of Bihar for construction of industrial estate and taller compensation was awarded by the Collector which are noted below against each of the appellants. F.A. No, arising out of L.A. Ref.. Name of Claimant Appellant, Award of Collector with date. Area, Class of Land and Khata., HoL. etc.. Compensation by the Collector Claim of claimants 1 of 1994/2 of 1988, Smt. Prabhawati Devi and others. Received Award on 6.11.1989, 13/4.11.1987, 0.55 -1/2 Acres. Dhan II Khata No. 116 Lohardaga. Rs. 15,232.24 @ Rs. 14.445 per acre @ 20.00.000.00 per acre 7 of 1994/2 of 1988. Smt. Annapurna Devi did not receive the Award though notice served on 6.4.1989. 16/4/11.1987, 0.94 Acres. Dhan II Plot No. 1672,, Khata No. 184 Lohardaga, Rs. 25.798 @ Rs. 14.445 per acre? @ Rs. 15.000.00 per decimal 118 of 1994/8 of 1988. Sachida Nand Lal did not received the award though notice served on 1.4.1989, 10/4.11.1987, 28 Acres. Tand II,, Plot No. 1661,, Khata No.81.. Lohardaga, Rs. 5123 @ Rs. 9630 per acre @ Rs. 10.000.00 per decimal Possession of all the lands taken on 7.4.1989.

(2.) OBJECTIONS were filed on 14.12.1987. 23.5.1987 respectively In the aforesaid L.A. Cases. The common objection was (i) the land was situated within Lohardaga Municipal Area (ii) Fit for construction of commercial and residential buildings (iii) Land situated by the side of Ranchi Gumla Main Road Besides being by the side of the land acquired by for agriculture market area (iv) Notified market area existing (v) Agriculture market leased its land for construction of UISCOMAUN @ Rs. 1 lakhs per acre and is area distance of 100 -300 meters of acquired lands (iv) within the circle of Lohardaga District the value of Municipal Area Land had gone high. So the potentiality of the land had increased.

(3.) THE respondents -State opposed the claim saying that the land was valued at the rate depending upon the classification of land, fixed by the Government. Besides the Dhan II land was low one not fit for construction of building immediately and it was at a distance of four kilometer from Lohardaga town and the awardee has also been paid statutory benefit.