MEENA DEVI Vs. NIZAMUDDIN ANSARI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 30th July, 1988 passed by the Land. Acquisition Judge, Dhanbad in Land Acquisition Reference Case No. 187/1986 whereby he has disallowed the reference made under Section 30 of the Land Acquisition Act at the instance of the applicants -appellants.

(2.) THE facts of the case lie in a narrow compass. In 1984 the land of Mauja Taranga, P.S. Baghmara, district -Dhanbad including the disputed land was acquired by the State of Bihar for BCCL for its mining purposes. The land measuring 3 acres 39 decimals in total out of which 40 decimals of plot No. 1451, 12 decimals of plot No. 1451/2, 5 decimals of plot No. 1462 and 1 acre 32 decimals of plot No. 1352 of khata No. 44 was acquired and award No. 11 was prepared in the names of the opposite parties -respondents. The applicants -appellants filed their objection petition before the Land Acquisition Officer claiming compensation of the aforesaid award on the ground that they are the rightful owners. The dispute was eventually referred by the Land Acquisition Officer under Section 30 of the said Act to the Land Acquisition Judge, Dhanbad.

(3.) BOTH the parties led evidences before the Court below. The Court below, after considering the evidences, oral and documentary, recorded the following findings :