PUNIA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dtd. 9/3/2017 (Decree signed on 21/3/2017) passed by Sri Manoj Kumar Tripathy, Land Acquisition Judge, Dhanbad in L.A. Reference Case No. 55 of 2011, whereby and wherein, the claim of the appellant for enhancement of compensation for Pucca house built over the land appertaining to Khata No. 21 Plot No. 153 of Mouza Sonardih, District Dhanbad, was dismissed.

(2.) The case of the appellant is that the aforesaid land which was a fast track land along with dwelling houses were acquired by the Respondent No. 1-State of Jharkhand for the benefit of Respondent No. 2- M/s Bharat Coking Coal Limited, Head Office at Koyla Nagar, Dhanbad (hereinafter referred to as 'BCCL'). The state of Jharkhand issued notice to the appellant under Sec. 9 of Land Acquisition Act for measurement and objection was raised after the award of Rs.60,756.00 was prepared and the appellant received the same under protest. According to the appellant, the aforesaid property is worth more than Rs.2.00 lakh.

(3.) In order to prove its case, appellant has adduced both oral and documentary evidence. Appellant Punia Devi has been examined as A.W-1. Sushil Kumar (A.W-2) is a Chartered Accountant and Engineer who has proved the valuation report which is Ext.1. Photograph of the property under acquisition is Ext.1/A and the Registered Sale Deed is Ext.-2. Respondent No. 2-BCCL has examined Girija Kumar Banerjee as O.P.W-1.