STATE OF BIHAR Vs. JAGARNATH MEHRA, JHABRU MAHTO AND ABHI MAHTO
LAWS(JHAR)-2003-2-39
HIGH COURT OF JHARKHAND
Decided on February 10,2003

STATE OF BIHAR Appellant
VERSUS
Jagarnath Mehra, Jhabru Mahto And Abhi Mahto Respondents

JUDGEMENT

M.Y.EQBAL, J. - (1.) SINCE common question of law has been raised by the appellant and the facts are also common, these appeals have been heard together and are disposed of by this common judgment.
(2.) THESE appeals are directed against the common judgment passed by the Land Acquisition Judge, Dhanbad in Reference case Nos. 565, 613 and 614 of 1971. It appears that the lands of Mouja Sangjori, P.S. Chas, district -Dhanbad have been acquired for the purpose of Bokaro Steel Project. Notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the said Act) was issued on 9.8.1956 and the declaration under Section 6 of the said Act was issued on 17.8.1962. Possession of the land was taken on 29.9.1968. The Land Acquisition Collector made an award giving compensation of the acquired lands. The" said award was made on 23.3.1969.
(3.) THE respondents -claimants, after receiving the compensation amount, challenged the award of the Land Acquisition Collector and the matter was referred to the Land Acquisition Judge, Dhanbad under Section 18 of the said Act. The Land Acquisition Judge enhanced the valuation of the land at the rate of Rs. 8000/ - per acre in respect of 1st class, paddy land and Rs. 6000/ - per acre in respect of 1st class, Gora land. The Land Acquisition Judge, by the impugned judgment, besides the compensation, allowed additional compensation at the rate of 12% p.a. on the market value of the land from 10.8.1956 to 29.7.1968 under Section 23 of the said Act. The Land Acquisition Judge also allowed interest at the rate of 6% p.a. from 10.8.1959 to 24.3.1969 under Section 4(3) of the said Act. The Land Acquisition Judge also awarded interest at the rate of 9% p.a. from 25.3.1969 to 24.3.1970 and at the rate of 15% p.a. from 25.3.1970 till realization under Section 28 of the Land Acquisition (Amendment and Validation) Act. The appellant -State of Bihar, aggrieved by the said judgment, has preferred these appeals.;


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