VISHNUDEO NARAYAN, J. - (1.) THIS appeal at the instance of the appellants has been preferred against the impugned judgment and award dated 25.1.1989 and 9.2.1989 respectively passed in Land Acquisition Reference Case No. 63 (53) of 1986 by Shri Alok Kumar Sinha, 1st Sub -Ordinate Judge, Chaibasa whereby and whereunder the claim of the applicants was disallowed and the award made by the Collector was affirmed.
(2.) THE State of Bihar (now Jharkhand) had acquired 5.82 acres of land of Village - Ghoradhuan, Police Station -Ghatsila. District -Singhbhum, Chaibasa for Sawarnrekha Project vide notification dated 1,2.1981 under Section 4 of the Land Acquisition Act (hereinafter referred to as the said Act) in Land Acquisition Case No. 160 of 1980 -81 and the declaration under Section 6 of the said Act was also published on 7.3.1981 and both the notifications were published in the district Gazette. Thereafter, notice under Section 9 of the said Act was issued to the appellant in respect of the land under acquisition on 8.3.1981. Plot No. 247 appertaining to Khata No. 26 having an area of 3.80 acres of the appellants, was the subject matter of acquisition for the said Sawarnrekha Project besides other land of the different rafyats of the said village. Award No. 1 in respect thereof for the acquisition of the land of the appellants @ Rs. 400/ - per acre along with other consequential reliefs was made on 31.3.1982 for the total amount of Rs. 1.842.30 which was received by the appellants on 18.9.1982 under protest. The Land Acquisition Authorities has assessed the compensation (r) Rs. 12.000/ -, Rs. 9600/ -, Rs. 6000/ -, again Rs. 6000/ -. Rs. 1800/ - and Rs. 600/ -in respect of Done 1. Done 2, Done 3, Gora 1. Gora 2 and Gora 3 land respectively on the basis of the reports of the Settlement Officer. Dhalbhumgarh in. the absence of any sale deed of the said relevant period. The land under acquisition of the appellants was found to be stony land and its compensation was assessed @ Rs. 400/ -per acre. Delivery of possession of the land under acquisition of the appellants was also taken. The appellant filed an application on 8.11.1982 under Section 18 of the said Act before the Special Land Acquisition Officer, Singhbhum. Chaibasa in respect of the award aforesaid which was referred to the Land Acquisition Court under Section 19 of the said Act and it gave rise to LA Reference Case No. 63 (53) of 1982 -83.
(3.) THE case of the appellant is that the compensation of the acquired land is inadequate and is much below the prevailing market price and the prevailing market price of the land under acquisition on the date of the notification was Rs. 80.000/ -per acre and the Land Acquisition Authorities have wrongly classified the land under acquisition as stony land. It is alleged that the said land under acquisition is a paddy field and the appellants after huge expenditure and labour has improved the said land having a yield of 30 -35 mounds of paddy per acre and there is also facility of irrigation of the said land from the nearby Nala, it is also alleged that the said land is near the National Highway No. 32 and it is located very near to Dhalbhumgarh where there are rice mills, oil mills, aluminum factory and it is a developed business place and town of Ghatshila is only about eight kilometers from the said land. It is alleged that the appellants had annual income of Rs. 3000/ - after deducting the cost of cultivation from the land under acquisition and considering the location and nature of the land and its important, the assessment of compensation has not been properly made.;