HARI SHANKAR PRASAD, J. - (1.) BOTH the appeals are directed against the judgment dated 26.8.1995 and award dated 14.9.1995 passed in Land Acquisition Case Nos. 151 and 152 of 1992 and since common question of law and facts are involved in both the appeals, hence they are being disposed of by this common order.
(2.) IN pursuance of notification under Section 4 of the Land Acquisition Act, which was published in the District Gazette, 34 decimals of lands appertaining to khata No. 1271 comprised in survey khata No. 122 and 2 decimals of land appertaining to plot No. 1335 comprised in khata No. 78 of village Kala Kusma within Jharia P.S., District Dhanbad were acquired by the State Government and award was prepared under Section 11 of the Land Acquisition Act, being Award No. 13 for a sum of Rs. 934.36 paise in the name of applicants of L.A. Ref. Case No. 151/92 and award No. 1 for Rs. 41.20 paise in the name of applicant of L.A. Ref. Case No. 152/92. The applicant of both the reference cases protested the award and sought reference under Section 18 of the Land Acquisition Act. Further case of the applicants is that the land has wrongly been classified by the Land Acquisition Officer and that has been done according to old records of rights and the land is equally homestead land and it was reclaimed after the last cadastral survey and the land is fit for commercial as well industrial purposes at the time of notification of acquisition issued in the year 1987. Applicants have claimed that the land was being sold at the relevant time @ Rs. 5000/ - per decimal and alleged that land acquisition authority has ignored the arbitrarily and on the basis of incorrect rate report. The applicants have further claimed compensation of Rs. 50,000/ - as damages for severance of the land from the land acquired in the acquisition proceedings. Further applicant of reference case No. 152/92 has claimed higher compensation of the land @ 5000 per decimal besides additional compensation of Rs. 50,000/ -for severance of his other land on similar allegation. The State of Bihar has not filed any written objection in both the reference cases. The State of Bihar contested the case by cross -examining the witnesses adduced by the applicants.
(3.) THE learned Court below, after recording evidence oral and documentary of both the sides and after scrutinizing the evidence oral and documentary on record, came to a finding and dismissed the reference as having no merit.;