- (1.) Being aggrieved and dissatisfied by the common judgment and Award dated 02.02.2006, passed by the learned Special Land Acquisition Judge, Koderma in 753 Land Reference cases, the appellants who are land losers on account of Kesho Jalashay Project have preferred present group of appeals for enhancement of rate of compensation and for payment of the enhanced rate under the provisions of the Land Acquisition Act, 1894. The brief facts of the case are as under:- The land in question was acquired for construction of a dam under the Kesho Jalashay Project. The land was acquired from 11 villages in Markachho block in Hazaribagh district (presently in Koderma district). Altogether about 721 acres of land belonging to villages 'Katahi', 'Bhagtiyadih', 'Kari khokho', 'Pasiyadih', 'Masmohana', 'Paranwa tand', 'Tikkopara', 'Kailakhandar', 'Nimadih', 'Kundidhanwar' and 'Bachhedih' have been acquired. The acquisition took place in the year 1987-88 by following due process of law under the Land Acquisition Act and thereafter, Reference cases were filed by the villagers of different villages. One set of reference cases being L.R. No. 68 to 122 of 1990 in respect of land under Mouza-Bachhedih were decided on 03.09.1991. Being aggrieved by the said decision, the first appeals were preferred before this Court and after considering the facts and circumstances involved in those group of First Appeals, the Judgment and Award passed by the learned Special Land Acquisition Judge, was ordered to be set aside and the matter was remanded to decide afresh in accordance with law from initial stage after giving an opportunity for furnishing detailed statement by both the parties. It appears that another batch of Reference cases were disposed of by another judgment dated 02.12.1992, against which first appeals were filed in this Court and they were heard and decided on 03.12.2003, whereby this Court has remanded all the cases for fresh decisions. This Court also directed the learned court below for clubbing all the pending reference cases in respect of Kesho Jalashay Project. Accordingly, the learned court below dealt with and decided the Land Reference cases arising out of Kesho Jalashay Project and by an order dt. 02-02-2006 modified an award by adding 25% of the total amount determined against each award. Being aggrieved and dissatisfied by the aforesaid judgment and Award, the land losers of Kesho Jalashay Project, preferred the present group of first appeals.
(2.) The learned counsel for the appellants submitted that the learned court below failed to appreciate the oral as well as documentary evidence on record and thereby failed to give adequate compensation in respect of the land in question, though the land in question was having good facility of irrigation and capable of taking three crops in a year. It is further submitted that the learned court below has also not properly taken into consideration the various factors, such as, the location of the land in question, which is adjacent to the State Highway, Railway Station and the other factors, such as the educational and commercial activities in the nearby areas. It is further submitted that the learned court below has also not properly considered the fact that the Kesho Jalashay Project and the Panchkhero Jalashay Project were at the distance of about 10 kms. within the same block and having the similar quality of land. The purpose of acquisition was also the same. It is further submitted that the notification for acquisition of land in respect of Kesho Jalashay Project and Panchkhero Jalashay Project were also of the nearby period and not having a gap of more than one year. It is further submitted that the learned court below has also not properly considered the judgment delivered by this Court, wherein, compensation at the rate of Rs. 660/- per decimal was determined by this Court after careful consideration of the facts and circumstances involved in the matter. It is further submitted that the said decision was cited before the learned court below and copy thereof was also produced vide Exhibit-1 but the learned court below has not taken into consideration, the decision rendered by this Court in its proper perspective. It is further submitted that the appellants have adduced several evidences and most of the evidences produced by the appellants was relevant for the purpose of enhancement of the claim in support of their case. However, the said documentary as well as oral evidence has not been properly appreciated by the learned court below. The learned counsel for the appellants invited the attention of this Court to some part of the evidences on record and submitted as follows:- that the witnesses of appellants have also stated the facts in their deposition that a big part of acquired land are Dhan No. 1 and Tand No. 1 and fit to grow 3 crops in a year as there is good irrigational facility and good fertile land quality. It is further submitted that they have also stated that because of the industrial development in the area, the price of the land is increasing day by day. that the appellants have also produced some documents as exhibits. Exhibit No. 1 shows that the land of the Bachhedih area was transferred to the Central Government (Telephone Department) at the rate of approx Rs. 2,000/- per decimal. This transfer of the land had taken place on 07.07.1987, one year prior to the acquisition of the land of the appellants for the said project. that in support of the claim, one of the witnesses, witness No. 3 has categorically stated that his brother had sold 2 decimals land in January, 1987 in the acquired area at the rate of Rs. 1500/- per decimal. In this sequence the appellants have produced one another exhibit i.e. ext.-1/1 whereby land under Mouza Bachhedih was sold for consideration amount of Rs. 5,000/- for 10 decimals land on 07.11.1984, (about 4 years before the stated land acquisition). that it reveals from the documentary evidence i.e. Exhibit-4, which is the judgment of L.A. Judge passed in L.R. Case No. 123/90 to 254/90, a vast track of land was acquired under Bhairwa Jalashay Pariyojana in the same district at the flat rate of Rs.736 per decimal. that the appellants have produced certified copy of the Judgment passed in First Appeal No. 150/92(R) to 181/92(R) related to the acquisition of land for the Panchkhero Jalashay project within the limits of the same block, Markachho. Surprisingly, the judgment of this High Court has not been considered by the court below on the ground that the land of Panchkhero Jalashay Project was acquired on 23.03.1988 and the present reference cases are related to much earlier acquisition in the year 1987. This consideration is wrong. However, it is the fact that the acquisition of land under Panchkhero Jalashay Project was notified in the Official Gazette on 23.03.1988, the same year of acquisition of the appellant's land.
(3.) As against that, the learned, counsel appearing for the Respondent-State Government by referring the counter affidavit filed by the Respondent-State, submitted that the learned court below after careful consideration of the evidence on record, has passed a detailed Judgment and Award and therefore, the same is not required to be disturbed and the Award passed by the learned court below may be confirmed. It is further submitted that 24 percent enhancement has already been considered by the Land Acquisition Officer and effect thereof has been given in the Award passed by the Land Acquisition Officer. The learned counsel for the Respondent-State Government by referring the observations made by the learned court below, submitted that the learned court below has discussed the oral as well as documentary evidence on record in detail and thereafter, reached to the conclusion, which appears to be in accordance with law and therefore, the said findings may not be disturbed in the present group of first appeals.;