HARI SHANKAR PRASAD, J. - (1.) THIS appeal at the instance of the appellants is directed against the judgment dated 14.11.1995 and award dated 25.11.1995 passed in LA Ref. Case No. 18 of 1992 whereby and where under the learned Land Acquisition Judge dismissed the reference.
(2.) PURSUANT to the notification under Sec. 4 of the Land Acquisition Act, the Land Acquisition Officer, Subarnarekha Project, Chandil referred the Award Nos. 473 and 474 to the Land Acquisition Judge -cum - Subordinate Judge -I, Seraikella and Award Nos. 473 and 474 had been prepared in the name of Mohan Singh. The Award No. 473 is in respect of the house bearing plot No. 369, Khata No. 50 compensation amount has been fixed at Rs. 24,653.19 paise and Award No. 474 is in respect of house bearing plot No. 369, Khata No. 50 of village Anda. The compensation amount has been fixed at Rs. 14,512.40 paise, whereas the plaintiff has claimed Rs. 1,25,000.00 and Rs. 75,000.00 respectively for both the awards. The case of the plaintiff -applicant is that the house standing on the plots were acquired for the purpose of Suarnarekha Dam Project and houses belonged to the applicant and he is in exclusive possession over the same. It is said that house of Award No. 473 is a big house measuring an area of 30 ft. in length and 12 ft. in width and 15 ft. in height. The walls of the house are of stone built and roof is of tiles. There are two doors. Whereas house of Award No. 474 is a big house measuring an area of 14 ft. in length, 12 ft. in width and 12 ft. in height. The walls of the house are built of stone and bricks and the roof is of tiles. There are two doors and there is six ft. wide thatched house attached to the house all along its length in one side. The applicant received the amount on 11.6.1991 on protest for the lowest rate in comparison to the house of other raiyats. The applicant claims that the present market value of the house of Award No. 473 will not less than Rs. 1,25,000.00 , whereas the market value of house under Award No. 474 will not be less than Rs. 75,000.00 .
(3.) THE State of Bihar has contested the suit but no show -cause was filed and the learned Court below after considering the evidence on record brought during trial, assessed the evidence and came to a finding that the award prepared by the Land Acquisition Officer is just and proper and dismissed the reference.;