STATE OF BIHAR Vs. BHARATH MAHTO

JUDGEMENT

(1.) THIS appeal arises out of a judgment dated 16,10,1993 and award dated 8.12.1993 passed by learned Subordinate Judge -1 cum Land Acquisition Judge, Palamau at Dalthonganj in Land Acquisition Case No. 33/86 allowing reference and enhancing the quantum of compensation.

(2.) IT appears that pursuant to the notification published in Zila Gazette on 15.2.1983 under Section 4 of the Land Acquisition Act, the lands of village. Lohanda, P.S. Patan, District Palamau for extension of Rajhara colliery were acquired and after issuance of declaration compensation was assessed and award was prepared. The claimant disputed the valuation of the lands fixed by the Collector and sought reference of the dispute under Section 18 of the Land Acquisition Act.

(3.) AW 1 is Gokul Mahto, who has slated that there is pucka road just by the side of the land and there is a hospital, post office and electricity in the village and the applicant used to grow three crops from the land in a year. AW 2 has given similar, evidence. AWs 2 and 1 have claimed the land to be said @ Rs. 7.000/ - per decimal.