JUDGEMENT
M.Y.Eqbal, J. -
(1.) Since these appeals
arose out of the common Judgment passed by
the Land Acquisition Judge, Dhanbad in bunch
of reference cases the same are heard and disposed of by this common order.
(2.) It appears that some time in the year
1985 by virtue of notification issued under
Section 4 of the Land Acquisition Act about
3/78/39 acres of land of different classification situated in Mouza Relgaria PS. Baliapur
District Dhanbad was acquired by the State of
Bihar for colliery purpose. After notification
declaration was made under Section 6 of the
Act on 12.6.1985. The delivery of possession
of the land was taken by the concerned authority
on 30/10/1987 and 31/10/1987. After the said acquisition, the award
was prepared by the Collector and dissatisfied with the
award claimants sought reference under Section 18 of the said Act. This is how all these
reference cases came before the Land Acquisition Judge.
(3.) The Land Acquisition Judge (in short
Court below) formulated two points for consideration :
(i) Whether the compensation paid to the
Applicants in all the above reference cases are
not just and proper as per prevailing market
rate of the sale of land and if so what will be
the proper quantum of valuation.
(ii) Whether the classification of the acquired land done by
the Land Acquisition Department are proper or it should be bahal and
homestead land as claimed by the applicants.;
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