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2010 DIGILAW 343 (JHR)

Sachida Nand Lal @ Sachida Nand Shah v. State Of Bihar (Now Jharkhand)

2010-03-16

M.Y.EQBAL, PRADEEP KUMAR

body2010
JUDGMENT : M.Y. Eqbal, J. 1. This appeal has been placed for hearing after the remand of the appeal by the Supreme Court in terms of judgment passed in Civil Appeal No. 6442 of 2000. 2. This Letters Patent Appeal was filed against the judgment passed by the learned Single Judge in First Appeal Nos. 228 and 229 of 1989. Initially the L.P.A was dismissed in limine and against that the appellant moved the Supreme Court by filing SLP which was converted into Civil Appeal No. 6442 of 2000 and by judgment dated 7th November, 2008, the Supreme Court directed the Division Bench to hear the appeal on merit. 3. The Facts of the case lie in a narrow compass: The land owned by the appellant at village Lohardaga was acquired for the purpose of construction of agricultural market-yard. Notification under 4 was published on 16.2.1978. The collector finally prepared the award in the name of several claimants including the appellant in respect of land in question. The valuation so fixed by the collector was disputed and consequently dispute with regard to valuation was referred to Land Acquisition Judge u/s 18 of the Land Acquisition Act being Land Acquisition Case No. 498 of 1981. So far as the appellants land is concerned, it was divided by the collector in two category i.e. Category 'Ka' and Category 'Kha' and admittedly the land situates in the Ranchi-Gumla Road. The Land Acquisition Judge determined the market rate of category 'Kha' land @ 48,000/- per acre and category 'Kha' land @ 24,000/- per acre vide judgment dated 6th July 1987. Aggrieved by the said judgment and award the appellant preferred First Appeal being F.A. No. 228 of 1989. The learned Single Judge on re appreciation of the evidence came to a finding that the valuation of category 'Ka' land should have been @ Rs. 66,000/- per acre. However, so far category 'Kha' is concerned, the learned Single Judge held that the valuation determined by the Land Acquisition Judge needs no interference. 4. It is worth to mention here that in the appeal preferred before the Supreme Court the appellant challenged only that part of the judgment whereby the valuation of category 'Kha' land was not enhanced proportionately. 5. Admittedly category 'Ka' land situates on the road side i.e. Ranchi-Gumla road whereas category 'Kha' land situates 150 feet away form the road. 4. It is worth to mention here that in the appeal preferred before the Supreme Court the appellant challenged only that part of the judgment whereby the valuation of category 'Kha' land was not enhanced proportionately. 5. Admittedly category 'Ka' land situates on the road side i.e. Ranchi-Gumla road whereas category 'Kha' land situates 150 feet away form the road. It has not been disputed by the counsel for the State that Category 'Ka' land and Category 'Kha.' land are adjacent and continuous and that forms one chunk of land. The only difference is that Schedule 'Kha' land is 150 feet away from the road. Learned Single Judge took notice of the fact that both the land situates within the jurisdiction of municipality and the land are surrounded by hospital, school and market. The learned Single Judge without assigning any reason and without considering the fact, that category 'Ka' and 'Kha' land are adjacent land and the only difference is that category 'Kha' land is 150 feet away form the road, has incorrectly taken the view that the valuation determined by the Land Acquisition Judge so far category 'Kha' land is concerned needs no interference. 6. In our view, if the valuation of category 'Ka' land so determined by the Land Acquisition Judge, i.e. Rs. 48,000/- per acre, was enhanced to Rs. 66,000/- per acre there was no reason why the valuation of Schedule 'Kha' land should not be enhanced from Rs. 24,000/- per acre to Rs. 48,000/- per acre. We are, therefore, of the considered opinion that the valuation of category 'Kha' must be enhanced to Rs. 48,000/-per acre. 7. We, therefore, allow this appeal and modify the judgment passed by the learned Single Judge to the extent that the appellant shall also be entitled to the compensation at the rate of Rs. 48,500/-per acre so far category 'Kha' land is concerned. Appeal allowed.