C.K. Thakker, J. - (1.) The present appeal is filed against judgment and order dated June 22, 1999 passed by a single Judge of the High Court of Patna (Ranchi Bench) in Appeal from Original Decree Nos. 228 and 229 of 1989 and confirmed by the Division Bench on March 01, 2000 in Letters Patent Appeal No. 362 of 1999.
(2.) Shortly stated the facts of the case are that on February 16, 1978, a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as Rs. the Act) was issued for acquisition of land bearing Khata Nos. 277 and 107 situated in the town of Lohardaga of Ranchi for construction of agricultural market-yard. According to the appellant, the Collector divided the land into two categories; (i) category Rs. ka and (ii) category Rs. kha. The land situated up to 150 feet from the road was categorized as Rs. ka whereas land situated beyond 150 feet from the road was categorized as Rs. kha. The Collector assessed the value of the land of category Rs. ka at the rate of Rs. 48,500/- per acre and category Rs. kha at the rate of Rs. 32,335/- per acre. It was, however, the allegation of the appellant that the Deputy Secretary, Government of Bihar illegally and without any reason or ground and without authority of law reduced the rate to Rs. 25,000/- and Rs. 16,000/- per acre for category Rs. ka and Rs. kha respectively. Accordingly, an award was passed on May 05, 1980 on that basis.
(3.) The appellant being aggrieved by the award sought reference for enhancement of compensation under Section 18 of the Act which was registered as Land Acquisition Case No. 498 of 1981. Similar references were also sought by other land owners. All the references came up for hearing before the Court of learned Subordinate Judge, Ranchi and the learned Judge by judgment and order dated July 06, 1987 partly allowed the reference. For the land of category Rs. ka, the Reference Court fixed compensation at the rate of Rs. 48,000/- per acre and for category Rs. kha, it was fixed at the rate of Rs. 24,250/- per acre. The Court also awarded solatium at the rate of 30% and interest @ 6% with effect from June 01, 1979.;