STATE OF BIHAR Vs. KRISHANDEO RAJAK

JUDGEMENT

(1.) Learned Counsel for the State submitted that in view of the fact that the applicant -respondent did not take steps under Section 19 -A and 24(3) of the Santhal Parganas Rent Regulation Act, 1886 for enhancement of the rent of the land, the lands could not be treated to be 'Dhani' first class land. He further submitted that the learned Court below wrongly concluded that the applicant -respondent was entitled to compensation at the rate fixed in case of one Bhola Harijan.

(2.) ACCORDING to the applicant, he being ex -military man and a member of Scheduled Caste was settled about five bighas of land in Mauza Dariapur in plot No. 227 and he was put in possession of the same, which he converted into 'Dhani' first class land by growing crops with his labour and investment with the irrigation facility available. The Government acquired 1.75 acres of land out of the said five bighas of land and paid compensation of Rs. 8686.58p treating the land as Bart second class land. One Bhola Harijan, whose lands were at the distance of 100 yards having no irrigation facility, was awarded compensation @ Rs. 40,000/ - per acre. Accordingly, he claimed compensation at the same rate along with a total compensation of Rs. 75,000/ - based on income of Rs. 5,000/ - per year.

(3.) THE applicant examined seven witnesses and some documents in support of his case. The State examined one witness and also proved some official documents in support of its case. The evidences produced on behalf of the applicant -respondent fully supported his case. In the last but one line of paragraph 9 of his cross -examination, the opposite party witness No. 1 -Nityanand Mandal, the Kanoongo admitted that he found that the petitioner was growing crops over the land in question. It has also come in evidence that there was a pond just by the side of the land in question from where the applicant used to irrigate his land. Applicant also proved that he sustained a loss of about Rs. 5,000/ - annually on account of the acquisition of the land since last 15 years. Thus, it was held that the land in question was converted into 'Dhani' first class land by the applicant and that he was entitled to compensation @ Rs. 20,055.60p per acre, which was given for similar nature of land to one Bhola Harijan, whose lands were in the vicinity. Only because the applicant did not get the rent of the land enhanced it cannot be said that the land was not converted into cultivable land. The trial Court found that applicant is entitled to get Rs. 26,410.72p after substracting Rs. 8686.58p, the amount received by the applicant as compensation.