The State of Bihar, through the Deputy Commissioner, Giridih v. Mostt. Gaura
2011-09-01
N.N.TIWARI
body2011
DigiLaw.ai
Judgment By Court: This batch of appeals relates to the acquisition of land for the purpose of Panchkhori Irrigation Scheme under which an area of 35.92 acres of land of village Markachcho, Police Station Koderma, was acquired under the provisions of Land Acquisition Act, 1894 (hereinafter to be referred as ‘the Act’) . 2. For the purpose of acquisition of the said land, notification under Section 4 of the Act was issued on 23rd March, 1988, which was published in official gazette on 6th June, 1988. The possession of the land was taken on 30th June, 1989. 3. The Collector under the Act had determined the compensation payable for the acquisition of the said land as follows: Dhan I Dhan II Dhan III Tand II Tand III Parti Land Rs.26,666/- Rs.16,666/- Rs.13,333/- Rs.6,666/- Rs.1,666/- Rs.833/- 4. The awardees were not satisfied with the said valuation. Number of applications were filed for referring the case under Section 18 of the Act. Accordingly, objections/applications were referred to the Land Acquisition Judge, Hazaribagh and Giridih and several reference cases were registered in the said courts, as the lands were within the territorial jurisdiction of the said two districts. 5. The Land Acquisition Judge after hearing the parties determined the value of the lands and awarded compensation for Dhan-I, II and III lands at a flat rate of Rs.350/-per decimal and for Tanr-II, III and Parti lands at a flat rate of Rs.125/-per decimal and solatium @ 30% and interest for the first one year @ 9% per annum and after expiry of one year @ 15% per annum. 6. Number of appeals were filed in this Court against the said judgment and award of the Land Acquisition Judge.Out of those appeals, a batch of first appeals i.e. F.A. Nos.150 to 181 of 1992(R) was decided by common judgment of this Court dated 18th December, 2003. By the said judgment, this Court determined the market value of the land acquired at a flat rate of Rs.660/-per decimal i.e. Rs.66,600/-per acre and modified the judgment and award of the Land Acquisition Judge accordingly. 7.
By the said judgment, this Court determined the market value of the land acquired at a flat rate of Rs.660/-per decimal i.e. Rs.66,600/-per acre and modified the judgment and award of the Land Acquisition Judge accordingly. 7. Learned counsel for the parties submitted that this batch of appeals arises out of the same acquisition and notification dated 23rd March, 1988 as well as same project i.e. Panchkhori Irrigation Scheme and that the instant first appeals are squarely covered by the said judgment and award of this Court passed in batch of appeal, being F.A. Nos.150 to 181 of 1992(R). Learned counsel for the appellant urged that the impugned awards in the instant appeals deserve to be modified in the same term, as has been held and decided in the said batch of F.A. Nos.150 to 181 of 1992(R). 8. Learned counsel for the respondents also accepts the same. In view of the said admitted position, it is held that as per the value of the land determined by the judgment and award passed in F.A. Nos.150 to 181 of 1992(R), the awardees are entitled to get compensation @ Rs.660/-per decimal i.e. Rs.66,600/-per acre for their land acquired for the Panchkhori Irrigation Scheme. The impugned judgment and award is modified in the above terms. It is further held that the awardees are entitled to get solatium at the rate of 30% as provided under the Act and shall be also entitled to get interest at the amount of the additional compensation at the rate fixed by the learned Land Acquisition Judge in the impugned award. 9. These appeals are disposed of in the above term. 10. There is no order as to cost.