ASHOK AND COMPANY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court: This appeal has been preferred against the judgment dated 7.6.2005 passed by Special Judge, Land Acquisition, Dhanbad in L.A. Reference Case No. 73 of 1986, whereby the reference made to the court stood dismissed and the compensation amount assessed by the Land Acquisition Officer against the land acquired has been affirmed.

(2.) Learned counsel for the State has opposed the prayer and submitted that no documentary evidence with regard to valuation of land prevailing in the area has been brought on record. The value of land prevailing within the area cannot be assessed only on the basis of oral evidence and that too on the deposition of two advocates' clerks and the claimants themselves. The learned Special Judge has considered the potentiality of the land and observed that the appellants had purchased the land for starting industry but even after 10 years it was not done and the land was lying vacant. There is no merit in this appeal and therefore the same is liable to be dismissed.

(3.) I have gone through the impugned judgment, lower court record and the documents placed before me. Admittedly the appellants had failed to adduce documentary evidence with regard to value of land prevailing within the area at the relevant point of time. The constructions and the boundary wall alleged to have been constructed by the appellants stood unsupported by any documents. The appellants have failed to bring on record any permission from the authority concerned for construction of boundary wall or staff quarters on the land in question. No chit of paper was produced to show that boundary wall was erected and quarters were constructed on the land in question. The learned Special Judge has elaborately discussed the evidence adduced on behalf of the appellants before concluding the finding. It is apparent that 25 Katthas of land was purchased by the appellants' in the year 1966 for Rs. 2,000/- that indicates in the year, 1966, the value of land was Rs. 50/- per decimal. The aforesaid land was acquired in the year 1976 and the compensation of Rs. 1514.89 against 31 decimals of land was given to the appellants.