HARBANSH NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three appeals are directed against the common judgment of the Additional District Judge passed under reference under Section 18 of the Land Acquisition Act of 1894 (hereinafter to be referred to as the Act). First Appeal No. 79 of 1964 arises out of Land Acquisition Case No, 716/163 of 1961/62 whereas First Appeals Nos. 80 and 81 of 1964 arise out of Land Acquisition Cases Nos. 715/162 of 1961/62 and 714/161 of 1961/62 respectively. Before the learned Additional District Judge there were two other references arising out of Land Acquisition Cases Nos. 712 and 713 of 1961, but it seems that no appeal has been preferred in this Court by the awardees of the said two land acquisition cases. By notification under Section 4 of the Act dated 7-5-1960 which was published on the 8th April, 1960, 20.343 acres of land were acquired in four villages namely, Bakhtiarpur, Bulan Buzmg, Bawaich and Hakikatpur. The object of the acquisition was for junction arrangement in connection with the construction of broad-guage railway line at Bakhliarpur A total area of 9.43 acres of land was acquired in Bulan Buzrug but under the reference arising out of land acquisition cases Nos. 713, 714 and 716 the subject matter of the total area was only about 2.241 acres in the said village. Similarly in village Hakikatpur the total a.ea of land acquired was 3.013 acres but the reference arising out of Land Acquisition Cases Nos. 712 and 715 was confined to an area about 2.33 acres only.

(2.) The Land Acquisition Collector classified the lands under the two heads namely Bhit-1 and 2 for ascertaining their market value. The Bhit-1 lands, according to the Land Acquisition Collector were near the residential part of the village and they were also better in quality than the lands under Bhit-2. He was of the opinion that Bhit-1 lands of village Bakhtiarpur were similar in quality to the lands of Bulan Buzurg and Hakikatpur. He fixed the market value of those lands under Bhit-1 at the rate of Rupees 300/- per katha on the basis of a sale deed dated the 13th July, 1957 (Ext. F/) under which one katha of land was sold for Rupees 300/- which comes to Rupees 9,600 per acre. Accordingly he awarded the market value of Bhit-1 lands at the rate of Rupees 9,600/- per acre. The lands which were the subject-matter of Land Acquisition Case No. 713 were classified as Bhit-2 lands and the Land Acquisition Collector fixed the market value at the rate of Rupees 3,913/- per acre but as mentioned earlier no appeal has been preferred in this Court arising out of Land Acquisition Case No. 713. Therefore, we are not required to consider the market value of Bhit-Land No. 2.

(3.) The lands acquired under Land Acquisition Cases Nos. 716, 714 and 715 with which these three appeals are concerned were classified as Bhit-1 lands. Therefore the Land Acquisition Collector fixed their market value at the rate of Rupees 300/- per katha. The land acquired in Land Acquisition Case No 716 was only 0.07 acre, namely 7 decimal, in survey plot No. 2194 bearing touzi No. 7867 in village Bulan Buzrug and the Collector fixed the market value at the rate specified above. The Land Acquisition Collector, therefore, awarded Rs. 807.81 paise only, to the awardee of that case. The land of Must. Deokal Kuer acquired under Land Acquisition case No. 714 was 1.21 acres comprised under plot Nos. 165 and 166 bearing touzi No. 7867 situated in the same village Bulan Buzrug. In Land Acquisition case No. 715 also it was her lands measuring 1.294 acres comprised in survey plot Nos. 151, 148, 155, 157 and 161 which were in village Hakikatpur bearing Khata No. 2/2 and touzi No, 8537. The Land Acquisition Collector as mentioned earlier had awarded compensation for her lands at the same rate, that is at the rate of Rs. 300/- per katha. In Land Acquisition Case No. 715 the Land Acquisition Collector had also awarded Rs. 1161/- as compensation for the tubewell and the pump-house on her land.