HARI SHANKAR PRASAD,J. - (1.) THIS appeal arises out of a judgment dated 16,10,1993 and award dated 8.12.1993 passed by learned Subordinate Judge -1 cum Land Acquisition Judge, Palamau at Dalthonganj in Land Acquisition Case No. 33/86 allowing reference and enhancing the quantum of compensation.
(2.) IT appears that pursuant to the notification published in Zila Gazette on 15.2.1983 under Section 4 of the Land Acquisition Act, the lands of village. Lohanda, P.S. Patan, District Palamau for extension of Rajhara colliery were acquired and after issuance of declaration compensation was assessed and award was prepared. The claimant disputed the valuation of the lands fixed by the Collector and sought reference of the dispute under Section 18 of the Land Acquisition Act. The case of the plaintiff -claimant is that description of the land is fully detailed at the foot of the petition. The land is situated by the side of pucka PWD road and is at a distance of one kilometer from Pandwa market and 12 kms. from Daltonganj and therefore, correct market valuation of the land has not been assessed by the Land Acquisition Collector. The claimant adduced both oral and documentary evidence and he has examined as many as five witnesses including himself as AW 5. AW 3 is a formal witness, who has proved the sale deed scribed by Balkrishan Mahto Taid (Ext. 2) and AW 4 Doman Thakur is also a formal witness, who has also proved sale deed No. 10410 dated 30.9.1991 (Ext. 1). The land in question was acquired in the year 1983 as notification was published on 15.2.1983 but these two sale deeds, which have been exhibited by the applicant, relate to the year after notification was published and. therefore, these sale deeds have been made on the basis of determination of price of land.
(3.) AW 1 is Gokul Mahto, who has slated that there is pucka road just by the side of the land and there is a hospital, post office and electricity in the village and the applicant used to grow three crops from the land in a year. AW 2 has given similar, evidence. AWs 2 and 1 have claimed the land to be said @ Rs. 7.000/ - per decimal.;