STATE OF JHARKHAND Vs. KARA MAHTO
LAWS(JHAR)-2007-12-33
HIGH COURT OF JHARKHAND
Decided on December 13,2007

STATE OF JHARKHAND Appellant
VERSUS
Kara Mahto Respondents

JUDGEMENT

D.P.SINGH, J. - (1.) THIS appeal has been preferred the State of Jharkhand through Deputy Commissioner, Bokaro against the judgment and award dated 23.8.2001 and 31.8.2001 passed by Land Acquisition Judge, Bokaro in L.A. Case No. 215/85.
(2.) THE respondent Karu Prasad Mahto and others have been granted compensation for 25 decimals of land @ Rs. 300/ - per decimal and 30% amount by way of soletium. The appellant was further directed to pay Rs. 25,000/ - as the cost of compensation for construction of the house standing on the land said to be two pakka rooms. The memo of appeal has been preferred mainly on the ground that the learned lower Court has exceeded the jurisdiction by allowing compensation @ Rs. 300/ - per decimal and further that cost of compensation of the house is exorbitant. However during argument, learned counsel for the appellant submitted frankly that he does not want to controvert the amount of compensation as well as solatium awarded to the respondents. His main contention was that the amount of Rs. 25,000/ - by way of compensation for standing structure was on higher side. The respondents have preferred the reference for enhancement of the compensation amount. The State of Jharkhand has not contested the said reference. However, one witness, O.P. No. 1 Ramji Mishra, Kanungo of Land Acquisition Office, has appeared and admitted that land in question was acquired by South Eastern Railway proving the quality of the land and its value, vide Ext. B. The learned Lower Court has given valid reason for assessing the value of the land in question and accepting the valuation of Mauja Burhi Binor sold at Rs. 300/ - per decimal in the year 1980 -1981, assessed the valuation at Rs. 300/ - per decimal for the disputed land.
(3.) AFTER going through the materials on record and the evaluating the argument advanced on behalf of the appellant, I find that the valuation of the land in question at Rs. 300/ - per decimal is quite proper and does not require to be interfered with Similarly 30% solatium of the total valuation is also within the jurisdiction and proper. The only question raised regarding the valuation of the house standing on the land in question, which comprised of two pakka rooms, at Rs. 25,000/ - is also found not maintained. In the present days for construction of two pakka rooms the respondents may require much higher amount. It is undisputed fact that even in Indira Awas Yojna for a house Rs. 30,000/ - is allotted by the Government at lower side cost.;


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