SHYAM NANDAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE claimant has filed both these appeals against the same judgment and award dated 20.3.2001 passed by the learned Land Acquisition Judge ? 4th, Patna in Land Acquisition Case No. 48 of 1986 and 49 of 1986.

(2.) IT appears that in First Appeal No. 290 of 2001 arising out of Land Acquisition Case No. 40 of 1986 3.52 acres of lands and in First Appeal No. 291 of 2001 arising out of Land Acquisition Case No. 49 of 1986 2.06 acres of claimant?s lands were acquired by the State of Bihar along with lands of other land holder total measuring 37.67 acres lands for the purpose of scheme for Fish Seed Hatchery Complex cum Fish Seed Nurseries. The land holders claimed enhancement of the compensation and filed applications under Section 18 which was referred to the Land Acquisition Judge. There were about 92 claimants whose lands were acquired measuring 37.67 acres. All these 92 land acquisitions cases were disposed of by this common judgment. IT appears that for the acquisition of the present appellant?s land two awards were prepared in two L.A. case i.e. L.A. Case No. 48 of 1986 and 49 of 1986. Therefore, the appellant has filed these two first appeals.

(3.) IN the present case, the only point raised by the appellant is that the learned court below should have considered potential value of the lands acquired and while considering the potential the learned court below should have considered the judgments Ext.3 and 3-A wherein the value of the lands were fixed at Rs. 6060/- per kattha which is after two years of the acquisition therefore, this is the only point to be decided in this case.