- (1.) Heard the learned counsel for the appellants and counsel for the State.
(2.) The first appeal is directed against the judgment and award dated 30.3.1972 passed by Sri H.D. Banerjee, Land Acquisition Judge (Subordinate Judge-2nd), Dhanbad in Land Acquisition Reference Case No. 85 of 1969 arising out of Land Acquisition Case No. 9 of 1961.
(3.) It is submitted by learned counsel for the appellants that the Land Acquisition Judge wrongly fixed the rate of the land acquired at Rs. 14,000/- per acre ignoring the sale deeds filed i.e. Ext.-1 series for similar land of the area sold in the year 1961 at Rs. 89,353/- per acre. Learned counsel for the appellants relied in a decision reported in 1986 PLJR page 737 wherein it was held that sale deed of similarly situated land in the same area may be used for the determination of the market value of the land acquired. It has also been submitted by learned counsel for the appellants that the Land Acquisition Judge should have allowed a solatium @ 30% of the market value in view of the provision of Section 2 of the Act as amended by the Land Acquisition Act, 1984. He also claimed that the interest @ 6% is also low.;