- (1.) All these first appeals have been preferred against a common judgment dated 29th September, 2012 passed by learned Civil Judge, Senior Division, Garhwa whereby the award in the respective L.A. Reference cases have been prepared in favour of the respective respondents.
(2.) F.A. No.237 of 2012 has arisen out of L.A. Case No.166/78 of 1979, F.A. No.238 of 2012 has arisen out of L.A. Case No.159/72 of 1979, F.A. No.239 of 2012 has arisen out of L.A. Case No.163/76 of 1979, F.A. No.240 of 2012 has arisen out of L.A. Case No.164/76 of 1979, F.A. No.241 of 2012 has arisen out of L.A. Case No.162/75 of 1979, F.A. No.242 of 2012 has arisen out of L.A. Case No.64/147 of 1979 and F.A. No.243 of 2012 has arisen out of L.A. Case No.65/148 of 1979.
(3.) The facts, in brief, is that all the L.A. Reference cases have been referred by the Land Acquisition Officer, Bihar State Agriculture Marketing Board, Patna. The references have been made in connection with a single Notification No.D.L.A. 32/77, 1713(R) dated 01.06.1977 published at Page 6667 Part II of the District Gazette dated 16.06.1977 whereby Government of Bihar (now Jharkhand) have acquired 22.71 acres of land in one compact bloc in village Unchari (Mohalla Garhwa Town) District Palamu (Now Garhwa) for the purpose of construction of Agricultural Market Yard at Garhwa and for that purpose L.A. Case No.27/V of 1977 arose. All the aforementioned cases have arisen on the basis of applications filed by the land owners whose lands have been acquired by the Government of Bihar (now Jharkhand). Since all the aforementioned cases have arisen on the basis of references made by the Special Land Acquisition Officer, Bihar Marketing Board, Patna in connection with L.A. Case No.27/V of 1977 and nature of the lands acquired are same and grounds taken against inadequate compensation are also similar in all the cases, therefore, it would be just and proper as well as convenient to dispose of all the cases referred to above together by a common order. L.A. Case No.166/78 of 1979 is in connection with the acquisition of land measuring an area 0.75 acres of land covered under Plot No.541 of Khata No.14 of Village Unchari Thana No.241, Garhwa, District Palamu (now Jharkhand) and rate of compensation to the land owner has been awarded @ Rs.12, 675/ per acre and total amount of compensation awarded to the land owner under Section 12 of the L.A. Act finds mentioned in the reference is Rs.11,65645 paise. In L.A. Case No.159/72 of 1979 land measuring 2.70 acre covered within Plot No.543,555 and 556 under Khata No.62 and 02 of Village Unchari, Thana Garhwa No.241 District Palamu (now Garhwa) of Sheikh Ali Hassan s/o Sheikh Natwar have been acquired and rate of compensation to the land owner has been awarded @ Rs.12,675/ per acre and total amount of compensation awarded to the land owner under Section 12 of the Act finds mentioned in the reference is Rs.40,43645 paise. In L.A. Case No.163/76 of 1979 land measuring 0.59 acre covered within Plot No. 578, 579 and 580 under Khata No. 20 and 25 of Ali Hassan Mian @ Pahalwan Mian son of Jangi Mian have been acquired and @ rate of Rs. 12,675/ per acre and total compensation awarded under Section 12 of the L.A. Act is Rs. 8,728=99 paise. In L.A. Case No. 164/76 of 1979 land measuring an area 0.89 acre covered in Plot No. 557 under Khata No. 6 of Village Unchari, Thana Garhwa No. 241, District Palamu(Now Garhwa) of Bigan Mian and Yar Mohammad Son of Jakir Ali have been acquired @ Rs. 12675/ per acre and total amount of compensation awarded to the land owners under Section 12 of the Act finds mentioned in the reference is Rs. 13,16745 paise. In L.A. Case No. 162/75, land measuring an area 1.27 acre covered in Plot No. 558, 559, 560 and 564 under Khata No. 47 of village Unchari Thana No. 241, Garhwa, District Palamu ( Now Garhwa) Jharkhand of Rejendra Prasad Keshri, Surendra Prasad Keshri and Devendra Kumar all sons of Gopal Prasad Keshri have been acquired and rate of compensation to the land owners has been awarded @ Rs. 12,675/ per acre and total amount of compensation awarded to the land owners under Section 12 of the L.A. Act finds mentioned in the reference is Rs. 18,789=52 paise. In L.A. Case No. 64/147 of 1979 land measuring 2.51 acre covered in Plot No. 554 under Khata No. 22 of village Unchari, Thana Garhwa No. 241, 4 District Palamu (Now Garhwa) of Dr. Maharaja Jaiswal have been acquired and rate of compensation to the land owner has been awarded @ Rs. 12,675/ per acre and total amount of compensation awarded to the land owner under Section 12 of the L.A. Act finds mentioned in the reference is Rs. 37,275/. In L.A. Case No. 65/148 of 1979 land measuring 2.645 acre covered in Plot No. 539, 656 and 663 under Khata No. 22 of village Unchari, Thana Garhwa No. 241, District Palamu (Now Garhwa) of Dr. Rajendra Lal Jaiswal Son of Mewa Lal Jaiswal have been acquired and rate of compensation to the land owner has been awarded @ Rs. 16,900/ and @ Rs. 12,675/ per acre.;