VISHNUDEO NARAYAN, J. - (1.) THESE appeals at the Instance of the appellant State of Bihar (now Jharkhand) have been preferred against the Impugned Judgment and award dated 26.05.1989 and 02.06.1989 respectively passed in Land Acquisition Reference Case Nos. 311 of 1985, 326 of 1985, 338 of 1985, 340 of 1985. 341 of 1985, 347 of 1985, 348 of 1985, 351 of 1985, 352 of 1985, 353 of 1985, 354 of 1985, 357 of 1985, 358 of 1985, 359 of 1985, 362 of 1985, 364 of 1985, 365 of 1985, 366 of 1985, 368 of 1985, 370 of 1985, 372 of 1985, 373 of 1985, 380 of 1985, 383 of 1985, 384 of 1985, 393 of 1985, 394 of 1985, 401 of 1985, 404 of 1985, 405 of 1985, 407 of 1985, 411 of 1985, 420 of 1985, 421 of 1985, 429 of 1985, 435 of 1985, 437 of 1985, 438 of 1985, 441 of 1985, 442 of 1985, 444 of 1985, 445 of 1985, 446 of 1985, 447 of 1985, 449 of 1985, 453 of 1985, 458 of 1985, 460 of 1985, 468 of 1985, 469 of 1985, 470 of 1985, 472 of 1985, 473 of 1985, 475 of 1985, 476 of 1985, 477 of 1985, 478 of 1985, 479 of 1985, 481 of 1985, 482 of 1985, 485 of 1985, 486 of 1985, 490 of 1985, 491 of 1985, 492 of 1985, 493 of 1985, 495 of 1985, passed by Shri Krishna Kant Sahay, Land Acquisition Judge, Chas, Dhanbad (now Bokaro) whereby and whereunder the reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act) made by the respondents for determining the proper and adequate quantum of compensation for the land under acquisition were allowed and the compensation was determined at the flat rate of Rs. 10,000/ -per acre and the respondents were also allowed solatium @ 30%, additional compensation under Section 23(1A) of the said Act @ 12% per annum from the date of notification under Section 4(1) of the said Act till the date of the award prepared by the Collector or the date of taking possession of the land whichever Is earlier and also interest as per the provisions contained in Section 28 of the said Act.
(2.) THE appellant State had acquired the land of the respondents situate in village Panchora, P.S. Marafari, District Dhanbad (now Bokaro) vide Land Acquisition Case No. 1/73 -74 for erection of Iron and Steel Plant and its ancillary works and industries, its township and other works incidental thereto including rehabilitation as per plan enclosed of Bokaro Steel Plant and Notification under Section 4(1) of the said Act published in the Gazette on 1.5.1977 and the notification regarding declaration under Section 6 of the said Act was published on 1.7.1977 followed by relevant notification under Sections 7, 9 and 11 of the said Act and, thereafter, the possession of the acquired land was taken by the appellant -State on 30.1.1978. The land under acquisition is Paddy I, Paddy II, Paddy III, Tand I, Tand II, Tand III and Parti land. As per the sale report prepared by the Land Acquisition Authorities the compensation of Class I Paddy was determined @ Rs. 10,000/ - per acre and compensation of the other land was proportionately determined and award was, accordingly, prepared in respect thereof in the name of the respondents by the Land Acquisition Authorities and the amount of compensation so determined by the Land Acquisition Authorities was paid to the respondents who received the compensation amount under protest. It is pertinent to mention here that the Lower Court Record could not be received in these appeals due to the fact that they were destroyed in accordance with Rules and the Order No. 21 dated 16.7.2003 of the Court is relevant in this connection whereby both the parties were directed to file the copies of pleadings as well as oral and documentary evidence in their possession with three weeks failing which the appeal shall be heard. The aforesaid facts as contained in para 2 aforesaid has been stated as per the materials available in the record of these appeals and these appeals are hereby disposed of as per the materials available in these appeals.
(3.) FIRST Appeal No. 363 of 1989 arises out of Land Acquisition Reference Case No. 311 of 1985 in respect of acquisition of 0.84 acres of land appertaining to plot No. 399 of Khata No. 3 and a sum of Rs. 495.20 was determined as compensation and award in respect thereof was prepared in favour of respondents Rajiv Mandal and others vide order dated 21.11.1999 this appeal stands abated as against respondent No. 7 as on his death his heirs were not substituted and the matter was left open to be decided at the final hearing of the appeal as to whether the entire appeal is abated or not.;