HARI SHANKAR PRASAD, J. - (1.) THIS appeal is directed against the judgment dated 29th March 1993 and award dated 19.4.1993, subsequently amended on 24.2.2004, passed in the Land Acquisition Case No. 2 of 1985 whereby and whereunder the Sub -Ordinate Judge -cum -Land Acquisition Judge, Giridih allowed the reference and enhanced the compensation.
(2.) PURSUANT to the notification under Section 4 of the Land Acquisition Act, 58 decimals of land bearing Khata No. 28, plot No. 1561 situated in village Ulber, PS Bagodar was acquired by the State Government for construction of Bagodar Branch Cannal and compensation of Rs. 5,885.61 paise was fixed and awarded in the name of the respondents. The case of the applicant -respondent is that the land under acquisition was first class bari land and petitioner used to grow four crops in a year i.e. potato, wheat, maize and vegetable. There was a pucca well in the land and there was sufficient means for irrigation. On the other hand, the Land Acquisition Officer has fixed compensation which is very low and it is not according to the prevalent market rate. According to the prevailing market rate, rate of the similar land in the vicinity of the acquired land was fixed at the rate of Rs. 40,000/ - per acre and, therefore, applicant - respondents are entitled to get a sum of Rs. 40,000/ - as the amount of compensation of their acquired land with interest. It is stated that the applicants -respondents had made protest under Section 9 of the Land Acquisition Act before the Land Acquisition Officer, Giridih.
(3.) ON the other hand, the State of Bihar appeared and contested the case but raising oral objection only and no show -cause was filed. The objection raised by the appellant -opposite party is that the case is not legally maintainable and the respondents - applicants had filed this case with wrong and incorrect allegations and that no objection under Section 9 was filed by the applicants - respondents. The reference is not maintainable and the compensation paid is proper and adequate.;