LAWS(JHAR)-2003-12-96

STATE OF BIHAR (NOW JHARKHAND) Vs. RANAWATI SINGH

Decided On December 10, 2003
STATE OF BIHAR (NOW JHARKHAND) Appellant
V/S
Ranawati Singh Respondents

JUDGEMENT

(1.) THESE appeals at the instance of the appellant -State of Bihar (now Jharkhand) have been preferred against the impugned judgment dated 08.06.1984 and the award dated 19.06.1984 passed in the Land Acquisition Reference Case No. 6 of 1983, 21 of 1983, 15 of 1983, 24 of 1983, 10 of 1983, 16 of 1983, 18 of 1983, 19 of 1983, 20 of 1983, 12 of 1983, 11 of 1983 and 7 of 1983 by Shri Uma Shankar Prasad, Land Acquisition Judge, Hazaribagh whereby and whereunder the Reference under Section 18 of the Land Acquisition Act (hereinafter referred to as the said Act) made by the respondents for determining the quantum of compensation for the land in acquisition was allowed and compensation was determined at the flat rate of Rs. 2000/ - per decimal and besides that the respondents were also allowed additional compensation @ 15% per annum and interest @ 6% on the enhanced amount of compensation. However, on the petition dated 22.07.1988 of the respondents the judgment dated 08.06.1984 was reviewed in view of the provisions of the Amending Act, 1984 and additional compensation (solatium) was enhanced to 30% and interest @ 9% for one year i.e. from 14.02.1982 to 13.02.1983 instead of 6% and, thereafter, 15% per annum was allowed and besides that additional compensation @ 12% per annum under Section 23(1 -A) of the said Act was also allowed on the marked value of the land determined by the Land Acquisition Court and the award was accordingly, modified vide order dated 26.06.1989.

(2.) THE appellant -State had acquired 19.78 acres of land of the respondents vide Land Acquisition Case No. 6/V/1980 situate at Ramgarh and Kaitha, P.S. Ramgarh, District Hazaribagh for marketing yard and construction of building of Ramgarh Agricultural Market Yard in pursuance of the requisition of Executive Engineer, Agricultural Market Division, Patna as per its letter No. 1795 dated 17.07.1977 and administrative sanction was accorded in respect thereof vide letter No. 8724 dated 8.07.1974 by Agriculture and Animal Husbandry Department, Government of Bihar, Patna. Notification No. 29/74 -81 dated 25.01.1979 under Section 4(1) of the said Act was published in the District Gazette. Hazaribagh on 01.02.1979 and Notification No. 29/77 -251 dated 19.02.1980 regarding declaration under Section 6 of the said Act was also published in the District Gazette on 01.03.1980. The relevant notification under Section 9 of the said Act was also published, thereafter. The possession of the acquired land was taken by the appellant -State on 14.02.1982. The land under acquisition is Dhan I, Dhan II, Dhan III, Tand I, Tand III, Sahan and Parti land, the area of which is 0.62 acres, 0.06 acres, 0.91 acres, 6.92 1/2 acres, 10.51 acres, 0.30 acres and 0.45 1/2 acres total being 19.78 acres. The appellant -State after enquiry prepared the sale report for determining the compensation of the acquired land and determined the compensation in respect thereof @ Rs. 21,088/ -, Rs. 13,180/ -, Rs. 10,554, Rs. 5,272/ -, Rs. 1,318/ - and Rs. 659/ - per acres for Dhan I, Dhan II, Dhan III, Tand II, Tand III, and Parti land respectively and award was accordingly prepared in respect of the acquired land in the name of the respondents. Out of the acquired land 12.02 acres belong to village Ramgarh whereas 7.76 acres of land is of village Kaitha I will dilate in respect thereof later on in detail. The amount of compensation so determined by the Land Acquisition Authorities was paid to the respondents who claimed to have received the compensation amount under protest.

(3.) FIRST Appeal No. 151 of 1984 arises out of Land Acquisition Reference Case No. 21 of 1983 in respect of acquisition of 4.30 1/4 acres of land which includes 0.30, 0.66 and 3.34 acres of Dhan I, Dhan III and Tand II land respectively appertaining to plot No. 2134 Part, 2135 Part, 2139, 2140, 2141 Parts and 2152 Part of Khata No. 36 of village Ramgarh and a sum of Rs. 57,475.57 was determined as compensation and award No. 5 was prepared in favour of respondent Barho Mahto and others.