HARI SHANKAR PRASAD, J. - (1.) ALL the seventeen appeals filed at the instance of defendants -appellant are directed against the judgment dated 31.3.1993 and award dated 21.4.1993 passed in reference case Nos. 151/1991, 152/1991, 153/1991, 154/1991, 155/1991, 156/1991, 157/1991, 158/1991, 159/1991, 160/1991, 161/1991, 162/1991, 163/1991, 164/1991, 165/ 1991, 166/1991 and 167/1991 whereby and where under the Special Judge -cum -Land Acquisition Judge, Giridih enhanced the amount of compensation.
(2.) PURSUANT to the notification under Section 4 of the Land Acquisition Act, published in the District Gazette on 1.3.1989 the land measuring 98 decimals bearing plot No. 1129 under Khata No. 30 of village Daldal, PS Dhanwar, District Giridih was acquired for construction of Panchkhero Dam in the year 1988 -89 and compensation was assessed under Section 11 of the Land Acquisition Act and amount of Rs. 16,905/ - was paid to the applicants as compensation but they received the amount on protest. When Collector under Section 18 of the Land Acquisition Act made reference to the Land Acquisition Judge, the claimant said in protest petition that the amount which has been assessed by the Collector under Section 11 of the Land Acquisition Act is very low as the nearby land is being sold at much higher price than the amount assessed for the acquired land. It was also said that the land in question are class -I land and there is every facility nearby that land as there is pucca road which leads to the village and also there is provision of hospital, school, etc and the area is well developed, therefore, the valuation which the Land Acquisition Officer has assessed of the acquired land is very low whereas the lands of the nearby area before acquisition were sold at much higher price. Sale deeds of nearby lands have been brought on record which -show that land of the nearby areas have been sold at much higher price and, therefore, their lands have been acquired at much lower rate than the price mentioned in the sale deeds. On behalf of claimant, four witnesses have been examined. AW 1 is Lal Dhari Yadav. He is applicant of LA Case No. 164 of 1991. AW 2 is Vishun Mahto. He is also of applicant of LA Case No. 166 of 1991. AW 3 is Basudeo Yadav. He is an applicant of LA Case No. 153 of 1991. AW 4 is Laxman Yadav. He is also an applicant of LA Case No. 154 of 1991. All these four witnesses have deposed on the point of valuation as well as acquisition of land relating to all the 17 reference cases.
(3.) LAL Dhari Yadav (AW 1) has. stated that the land was acquired by the State of Bihar for construction of Panchkhero Dam in the year 1988 -89. He further says that land of other villagers were also acquired, and they were adequately paid compensation. He further .says that the lands of all the 17 applicants which were acquired, are similar in nature as they all are growing dhan. Wheat, Paddy crops and vegetables on their respective lands.;