Vishnudeo Narayan, J. - (1.) THIS appeal at the instance of the opposite party -appellant has been preferred against the impugned judgment and award dated 20.8.1988 and 23.11.1988 respectively passed in land acquisition reference case No. 73 of 1985 by Shri Prabhu Nath Lal. Land Acquisition Judge, Dhanbad whereby and whereunder the reference was allowed in part determining the prevailing market price of the land under acquisition @ Rs. 700/ - per decimal and the petitioners -claimant (respondent in appeal) were held entitled to receive the compensation at the said rate besides solatium, additional compensation and interest as per the Amending Act of 1984.
(2.) THE State of Bihar (now Jharkhand) acquired 24.70 acres of land of Village -Saraidhela, Police Station -Jharia, District -Dhanbad vide land acquisition case No. 41 of 1977, 78 for the construction of the office and residence of the staff of Bharat Coking Coal Limited and 21.19 acres and 3.51 acres out of it were baid and parti land respectively and the notification dated 24.6.1977 was published under Section 4 of the Land Acquisition Act (hereinafter referred to as the said Act) and declaration under Section 6 of the said Act was also published on the same day in the District Gazette, Dhanbad. The land bearing Plot No. 4138/1 having an area of 40 decimals and Plot No. 4148/2 having an area of 60 decimals, total being one acre appertaining to Khata No. 175 belonging to the petitioners were also acquired in the said acquisition and nature of the said one acre land is baid. The award No. 12 of the Collector in respect of one acre of land aforesaid was made in favour of the petitioners -respondent and the compensation was determined @ Rs. 16,670/ - per acre and a total sum of Rs. 19,170.50 was determined as compensation payable to the petitioners, which they have received under protest. Delivery of possession of the land under acquisition was also taken by the State of Bihar and it was handed over to Bharat Coking Coal Limited. The petitioners filed an application under Section 18 of the said Act before the Land Acquisition Officer, Dhanbad in respect of award No. 12 which was referred to the Land Acquisition Court under Section 19 of the said Act.
(3.) THE case of the petitioners is that the compensation of the acquired land is in -adequate and much below the prevailing market price. It is alleged that the land under acquisition should have been valued @ Rs. 1,00,000/ - per acre as the said land is situated within the colony area of the Koyala Bhawan and within its boundary and the land was best for agricultural purposes but the same is now fit for construction for the residential houses and the said land has also been acquired for that very purpose. It is also alleged that the classification was made by the Land Acquisition Authorities wrongly and the said land under acquisition ought to have been classified as paddy land.;