STATE OF BIHAR Vs. BIBI JAMILA KHATOON

JUDGEMENT

(1.) THE State of Bihar has filed this First Appeal against the judgment and award dated 24.05.1993 passed by Land Acquisition Judge, Md. Reyasat Hussain, Sub Judge III, Sasaram in Land Acquisition Case No.7 of 1985/99 of 1989.

(2.) THE lands of the claimants-respondents measuring 99 decimals were acquired in Land Acquisition Case No.26 of 1981-82. THE Collector made an award of Rs.42,909.37. THE claimants-respondents thereafter filed application under Section 18 of the Land Acquisition Act alleging that the lands which were acquired, were cultivable and fertile lands and at the time of acquisition, the market rate of the land was Rs.5,000 per katha and therefore, the value of the acquired land was about Rs.1,57,000. It is further alleged that the claimants had also houses on Plot No.175, Khata No.1070 and 1073. It is also stated that three crops per year were being cultivated in those lands. THE said application under Section 18 of the Land Acquisition Act was referred to the Land Acquisition Judge.

(3.) IN view of the above contentions of the parties, the points arises for consideration is as to whether the compensation fixed by the Land Acquisition Judge is proper or exorbitant and whether the impugned judgment and award are sustainable in the eye of law?