HARI SHANKAR PRASAD,J. - (1.) THIS appeal under Section 54 of the Land Acquisition Act, arises out of judgment dated 16.10.93 and award dated 8.12.93 passed by Sub -Judge Ist -cum -Land Acquisition Judge, Daltonganj, Palamau allowing the reference and enhancing the quantum of compensation.
(2.) IT appears that pursuant to the notification published in the Zila Gazette under Section 4 of the Land Acquisition Act, the land of Ramcharitar Mahto bearing Thana No. 199, Khata No. 107, Plot No. 4/21 P/B having an area of 0.37 acres of land of village Lohanda, P.S. Paton, District Palamau was acquired for extension of Rajhara colliery in village Lohanda. After issuance of declaration, compensation was assessed and award was prepared. The claimant disputed the valuation of the lands fixed by the GolJector and sought reference on dispute under Section 18 of the Land Acquisition Act. The case of the claimant is that the land situates in an area, where there is a pakka PWD National High Way passing through the village Lohanda, which is hardly at a distance of one mile away from Kajri Railway -Station. There is a High School and Middle School in the village. Applicant has irrigational facility through the electric pump and the applicant used to grow three crops in one year from the area and the land is also fit for housing purposes. The claimant adduced evidence both oral and documentary, in support of the valuation of the land and against the said claim no objection, written statement, show cause was filed. However, two witnesses were examined on behalf of the State.
(3.) THE learned Court below, after considering evidence brought on record, recorded the findings and held that the lands situate near the developed area and its valuation cannot be less than Rs. 40,000/ - per acre.;