SAGAR TIRKEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This first appeal under Section 54 of the Land Acquisition Act, 1894, has been filed by the land loosers against the judgment and award passed in a reference under Section 18 of the Land Acquisition Act, 1894, praying for higher compensation.

(3.) Land in Thana No.214, Village Namkum, Khata Nos.35 and 33, were acquired by the State for the purpose of construction of an over-bridge. 38 decimals of land of plot No.245, Khata No.35 was acquired, which was Don II land. In respect of khata No.33, land in five plots were acquired, those are plot No.247 area 24.336 kathas, plot No.248 area 0. 375 kathas, plot No.249 area 7.91 kathas, plot No.251 area 1.95 kathas and plot No.253 area 57.736 kathas. Nature of the land is Don II, parti, Tanr I. The total acquisition is thus an area of 1.89 acres. Notification is dated 20.03.2007, which was published in the gazette on 26.05.2007. Two awards were prepared - one award in respect of Khata No.35 and another in respect of plots involved in khata No.33. The lands were valued at Rs.5,50,475/- for the first award and for the second award valuation was Rs.37,51,075/-. For the total area of land measuring 1.89 acres, Rs.43,01,550/- was the land value assessed by the State, which comes to Rs.22,759/- per decimal at a flat rate irrespective of the classification of the lands.