- (1.)This appeal has been filed against the judgment and award dated 5.6.1986 passed in Land Acquisition Case No. 11 of 1984 by the Land Acquisition Judge, Bhagalpur after reference under Section 18 of the Land Acquisition Act. The respondent-State of Bihar acquired 19.26 acres of land for the purpose of construction of conduit pipe under Bateshwer Asthan Ganga Canal Scheme in Village-Colgong, District-Bhagalpur. The appellants 3.14 acres of land of khata no. 92, plot no. 166 was also included in the total area of the acquired land. The compensation amount was assessed by the land acquisition authorities against which the appellants filed objection under Section 9 of the Land Acquisition Act claiming higher amount of compensation. The compensation amount was finally determined at Rs. 59,294.45 out of which Rs. 51,583/- had been assessed to be the value of the land acquired and Rs. 7,734.45 paise had been awarded by way of additional compensation. The appellants filed objection praying for reference under Section 18 of the Land Acquisition Act for determination of the proper and adequate valuation of the acquired land. After the said reference, the land acquisition case no. 11 of 1984 was initiated before the Court of Land Acquisition Judge, Bhagalpur.
(2.)In their objection, the appellants have stated that their acquired land had high potential as it was situated near railway station and was very close to Colgong town. It has further been asserted that in fact, the acquired land was an orchard consisting of several fruit bearing trees and also trees with high timber value. The appellants have claimed that the market value of the land in the area and in the vicinity of the acquired land was about 4,000/- to 10,000/- per katha at the time of notification but the land acquisition authorities have wrongly assessed a very low valuation of the land which comes to about Rs. 500/- per katha. The appellants have claimed the value of the acquired land to be Rs. 8,000/- katha and in this way, have further claimed total Rs. 8,06,000/- by way of compensation for the land. It has also been the case of the appellants that they had regular yearly income of about Rs. 25,000/- from the fruits of the trees and timber which they had been deprived after the acquisition. Further, in view of the prospect of further development in the area, the appellants have also claimed that the higher valuation should have been fixed.
(3.)On behalf of the respondent-State of Bihar, it has been contended in the court below that the assessment of the compensation amount to the appellants has been correctly made by the Collector under the Act and the award amount is adequate, proper and reasonable.