VISHNUDEO NARAYAN, J. - (1.) BOTH the appeals aforesaid filed by the appellant State of Bihar (now Jharkhand) are directed against the impugned judgment and award dated 11.12.1986 and 20.12.1986 respectively passed by Shri A.K. Verma, Special Sub -Judge, Ranchi passed in I.A. Case No. 100 of 1971 and 101 of 1971 where by and whereunder the quantum of compensation awarded by the Collector under Section 11 of the L.A. Act was enhanced. Both the appeals were heard together and are being disposed of by this order.
(2.) PLOT No. 531 Khata No. 52 having an area of 24 decimals being Dhan III land of respondent Moso Pahan and Plot No. 429/2, Khata No. 24 having an area of 76 decimals being T and I land having a "Pacca" house thereon with tile roof of respondent Hari Prasad Sahu and others situate in village Harmu, P.S. and District Ranchi were acquired for Harmu Housing Scheme. Notification under Section 4 of the L.A. Act (hereinafter referred to as the said Act) was issued on 2.12.1964 and a declaration under Section 6 of the said Act was issued on 31.3.1965. The award of the Collector under Section 11 of the said Act was made on 22.5.1971 and the possession of the said land was taken on 30.3.1972 and the amount of compensation as per the award of the Collector has already received by the respondents though under protest. The respondents after receiving the compensation amount as per the award of the Collector challenged the said award under Section 18 of the said Act and it gave rise to the reference cases aforesaid. The award of the Collector made in land acquisition case No. 165 of 1966 has valued the market price of the land on the date of the Notification under Section 4 of the said Act @ Rs. 25,000/ -, Rs. 18,750/ - and, Rs. 15,125/ - per acre regarding Class I, Class II and Class III lands respectively and the land of the respondent Moso Pahan being Class III land the compensation was assessed @ Rs. 15,125/ - per acre and a sum of Rs. 3,630/ - along with additional compensation @ 15% by way of solatium amounting to Rs. 544.50 paise total being Rs. 4,174.50 paise was awarded as compensation to Moso Pahan, whereas the valuation of the land of respondent Hari Prasad Sahu and others being T and I land was assessed at Rs. 13,137.36 paise and the valuation of the house standing on the said plot was assessed at Rs. 3,961.00, the total being Rs. 17,098.36 paise and on which additional compensation by way of solatium @ 15% was allowed which comes to Rs. 2,564.76 paise and the total compensation amounting to Rs. 19,663,12 paise was awarded as compensation as per the award of the Collector which the said respondent received under protest.
(3.) THE case of the respondent Moso Pahan, inter alia is that valuation of the land in question fixed by the Land Acquisition Officer, Ranchi is very low, inadequate and improper and the prevailing market price in the area on the day of the Notification under Section 4 of the said Act is @Rs. 900/ - per decimal and he is entitled to get compensation of his land @Rs. 900/ - per decimal. It has also been stated that the said land is situated in the midst of the village and is fit for building purposes and the said land is situated in the Ranchi town area with all modern facilities and there is also school, college and government offices at a very short distance from the said land and the said land has great potential and lies in the fast developing area of the town. The case of respondent Hari Prasad Sahu and others is similar to that of the case made by respondent Moso Pahan. The further case of this respondent is that his house over the land under acquisition consist of five big rooms, two verandahs and compound wall all made of bricks and the value of the said house as per prevailing market price is Rs. 15,000/ - and the Land Acquisition Officer has incorrectly assessed the valuation of the building standing on the land under acquisition and it is very low and inadequate and compensation was claimed @Rs. 900/ - per decimal for the land besides Rs. 15,000 / - being the prevailing market price of the house standing thereon.;