Sujit Narayan Prasad, j. - (1.) These writ petitions are under Article 227 of the Constitution of India, whereby and whereunder the order dated 22.09.2017 passed in Execution Case Nos. 01 of 2013, 02 of 2013, 05 of 2013, 06 of 2013 and 07 of 2013, by which the objection filed by the petitioners with respect to the calculation made by the Seristedar about the calculation of amount to be paid in favour of the petitioners, have been rejected.
(2.) The issues have gone before the Civil Court wherein the judgment has been passed on 29.09.2012 by the Civil Judge (Sr. Division), Garhwa (annexure-1) by passing the judgment holding therein that the quantum of amount of compensation as has been assessed by the land acquisition authority has not found to be just and proper and as such, the same has been enhanced as would appear from para-25 and 27 of the said award which reads as hereunder:- "25. Considering the sale-Deeds and other evidences relied by the applicants, i.e. Ext. 3 Valuation Report prepared by Special Land Acquisition Officer, Patna and regard being had to the finding of Hon'ble Patna High Court, Ranchi Bench, Ranchi given in para-4 of the judgment dated 14.10.1999 passed in Appeal from original decree No.-146 of 1988 (R) which is binding upon this Court (as per doctrine of precedent) I find and hold that the Market Value of the acquired land which is situated just adjacent to the Garhwa-Manjhiawn P.W.D. Road at a distance up to 200 feet should be @ Rs. 1,000/- per Decimal (Rupees one lakh per Acre) and Rs. 800/- per decimal (Rupees Eighty thousand per acre) for rest land and accordingly, I find and hold that the market value determined by the Special Land Acquisition Officer, Marketing Board, Patna with regard to acquired land of the applicant was not just, proper and adequate and hence I determine that the market value of the acquired land shall be @ Rs. 1,000/- (Rupees one thousand) per decimal (Rupees one lakh per acre) and Rs. 800/- (Rupees eight hundred) per decimal (Rupees eighty thousand per acre) with regard to the lands of the applicants according to the extent of the situation on the basis of distance of the existence from Garhwa-Manjhiawn Road. Market value of the land @ Rs. 1,000/- per decimal shall be for those land which are situated up to the distance of 200/- feet from Garhwa-Manjhiawn Road and for the rest land it shall be @ Rs. 800/- per decimal. 27. Issue No. 7:- It has been found and held above that the Market value of the land acquired has been determined at a low rate and the same has been enhanced as observed above. In L.A. Case No. 166/78 of 1979 the lands of applicants were found to be at a distance of more than 200 feet from the road side and, therefore, amount of compensation was determined @ 12,675/- per acre but the applicants are entitled to get the amount of compensation @ 80,000/- per acre (@ Rs. 800/- per decimal) Case of the applicants of L.A. Case No. 159/72 of 1979, L.A. Case No. 163/76 of 1979, L.A. Case No. 164/76 of 1979 and L.A. Case No. 64/147 of 1979 stand on same footing as that of L.A. Case No. 166/78 of 1979 because land acquired in all these cases has been found to be situated at a distance of more than 200 feet from Garhwa-Manjhiawn P.W.D. Road and as such the applicants of aforementioned L.A. Cases are entitled to get compensation @ Rs. 800/- per Decimal (@ Rs. 80,000/- Rupees Eighty Thousand) per acre for their respective lands which find mentioned in their references respectively. In case of L.A. Case No. 65/148 of 1979 the applicant shall be entitle to get compensation @ Rs. 10,0000/- (Rupees one lakh) per acre (@ Rs. 1,000/-) per decimal with regard to the land covered in Plot No. 539, Area 0.44 acre and Plot No. 663, Area 0.50 Acre under Khata No. 22 because their lands are situated within 200 feet from Garhwa-Manjhiawn P.W.D. Road and he shall be entitled to get compensation @ Rs. 80,000/- per acre (@ Rs. 800/- per Decimal) with regard to the rest of his lands which have been acquired."
(3.) The judgment passed by the competent court of civil jurisdiction, therefore, the land loosers/petitioners have filed execution cases.;