SAVITRI DEVI; CHANDRA MAULI DEO AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the above First Appeals are directed against the common judgment and award dated 03.02.1979 passed by Sri Ram Charitra Sathi, Additional Sub Judge III-cum-Land Acquisition Judge, Begusarai in L.A. Case No. 54 of 1961/37/24 of 1978 and L.A. Case No. 51 of 1961/34/21 of 1978.

(2.) The appeal has been filed by the land owner, claimants. Both the land acquisition cases referred to above were heard together along with other land acquisition cases and disposed of by the impugned common judgment and award. The claimants filed two First Appeals. Therefore, both the appeals are heard together and are disposed of by common judgment.

(3.) It appears that for the purpose of township at Begusarai for Indian Refinery, Barauni about 123 acres of land were acquired. Regarding 71.375 acres, notification under Section 4 of the L.A. Act was issued on 17.05.1960 whereas for an area of 51.643 acres, notification under Section 4 of the L.A. Act was issued on 21.06.1960 and subsequently again on 19.09.1960. Out of the said large chunk of land in First Appeal No. 395 of 1979 arising out of L.A. Case No. 54 of 1961, the Appellant's land involved is only 0.43 acre. The Collector awarded compensation of Rs. 2559.04. In First Appeal No. 396 of 1979, 11.595 acres land of Appellant was acquired and the Collector awarded compensation of Rs. 70,142.73. The Appellants received the amount on protest and filed application under Section 18 of the Land Acquisition Act claiming enhancement of the compensation at the rate of Rs. 10,000 per bigha. According to the Appellant's case, the acquired lands were very productive, most fertile and cash producing crops land. The possessions of the said land have already been taken by the State Govt. on 14.05.1960. The rate of compensation assessed by the Collector is arbitrary and very low. The lands were productive and were situated by the side of road and were very nearer to Begusarai progressing town but the Collector did not consider the future utility and potential of the lands acquired. The land was first class land and Chillis, Sugarcane and other valuable crops were being grown. The lands in the vicinity of the acquired lands were being sold at Rs. 10,000 per bigha and, therefore, prayer was made for making reference.