D.G.R.PATNAIK, J. - (1.) BOTH these appeals are directed against the common judgment dated 23.4.1998 and its corresponding award dated 25.5.1998 passed by the Land Acquisition Judge, Koderma in Land Reference Case Nos. 10 of 1998 and 11 of 1998.
(2.) BY the impugned judgment, the Land Acquisition Judge has awarded the compensation to the claimant/respondent for acquisition of their lands at the rate of Rs. 2461.53 per decimal besides solatium at the rate of 30% and further 12% in addition to the market value of the land acquired. By notification No. 169 dated 18.3.1982 published in the Bihar Gazette on 1.4.1982 under Sec. 4(1) of the Land Acquisition Act, land measuring 12 decimals within Khata No. 15 plot No. 1937 of village Asna within P.S. Koderma, belonging to the, applicant/respondent Rukmini Saraff, was sought to be acquired by the Government for the purposes of construction of Koderma Bye -pass National Highway. Likewise, by the same notification, land measuring 22 decimals within plot No. 2042 Khata No. 35 of village Asna within P.S. Koderma and another piece of land measuring 3 decimals in plot No. 1932 (2032) belonging to applicant/respondent Arun Kumar Saraff was also sought to be acquired for the same purposes of constructing National Highway. Despite objection of the applicants, lands of the applicants were acquired by the Land Acquisition Officer who by his award dated 23.9.1996 awarded a total amount of Rs. 19,967.38 as compensation for 12 decimals of land belonging to the applicant Rukmini Saraff. Likewise, by the award of the same date, the Land Acquisition Officer had assessed a sum of Rs. 40,676.31 as compensation payable in respect of 22 decimals of land within plot No. 2042 belonging to the applicant/respondent Arun Kumar Saraff and for the land measuring 3 decimals within plot No. 1932 (2032), an amount of Rs. 4,991.84 was assessed as compensation and the applicants were called upon to receive the amount of compensation. The award in respect of 3 decimals of land within plot No. 1932 (2032) amounting to Rs. 4991.84 was however prepared in the joint names of Additional Collector, Hazaribagh and applicant Arun Kumar Saraff. The applicants being not satisfied with the amount of compensation assessed, had submitted their objections praying for reference of their dispute for adjudication under Sec. 18 of the Land Acquisition Act. The dispute was referred thereafter to the Land Acquisition Judge which was registered as L.R. Case No. 10 of 1988 with reference to applicant Rukmini Saraff and L.R. Case No. 11 of 1988 with reference to applicant Arun Kumar Saraff. In the proceeding before the Land Acquisition Judge, evidence was adduced on behalf of the applicants as also on behalf of the State and after considering the evidences, the learned Land Acquisition Judge recorded its finding vide the impugned judgment, whereby the amount of compensation was enhanced to Rs. 2,461.53 per decimal of the land, from the earlier amount of Rs. 904.32 per decimal, as was assessed by the Land Acquisition Officer.
(3.) BEING aggrieved with the enhancement of compensation as made by the learned Court below, the appellant State of Bihar has filed the instant appeals.;