IN THE HIGH COURT OF JUDICATURE AT PATNA. First Appeal No. 455 OF 1992 (Against the Judgment and Award dated 30.04.1992 passed by Shri Narendra Mishra, Special Judge (Land Acquisition)-II, Patna in Land Acquisition Case Nos. 1 of 1991, 4 of 1991, 16 of 1991, 6 of 1991, 22 of 1991, 2 of 1991, 15 of 1991, 28 of 1991, 3 of 1991, 25 of 1991, 19 of 1991 and 17 of 1991) STATE THRU.COLLECTOR,PATNA-----------------------------------(Appellant) Versus KAMESHWAR SINGH--------------------------------------------(Respondents) with FA No.462 oF 1992 STATE THRU.COLLECTOR ,PATNA----------------------------------(Appellant) Versus RAMESH CHANDRA SINGH---------------------------------------(Respondents) with FA No.467 oF 1992 STATE THRU.COLLECTOR ,PATNA----------------------------------(Appellant) Versus RAM NATH SINGH---------------------------------------------(Respondents) with FA No.469 oF 1992 STATE THRU.COLLECTOR ,PATNA----------------------------------(Appellant) Versus SRI RAM NATH SINGH-----------------------------------------(Respondents) with FA No.470 oF 1992 STATE THRU.COLLECTOR,PATNA-----------------------------------(Appellant) Versus SRI ARJUN PRASAD-------------------------------------------(Respondents) with FA No.471 oF 1992 STATE THRU.COLLECTOR ,PATNA----------------------------------(Appellant) Versus MAHENDRA PRASAD--------------------------------------------(Respondents) with FA No.472 oF 1992 STATE THRU.COLLECTOR,PATNA-----------------------------------(Appellant) Versus SHRI MAHENDRA PRASAD---------------------------------------(Respondents) with FA No.474 oF 1992 STATE THRU.COLLECTOR ,PATNA----------------------------------(Appellant) Versus SHRI MAHENDRA PRASAD---------------------------------------(Respondents) with FA No.475 oF 1992 STATE THRU.COLLECTOR ,PATNA----------------------------------(Appellant) Versus SHRI MAHENDRA PRASAD---------------------------------------(Respondents) 2 with FA No.476 oF 1992 STATE OF BIHAR-----------------------------------------------(Appellant) Versus RAMANUJ SINGH---------------------------------------------(Respondents) with FA No.479 oF 1992 STATE OF BIHAR-----------------------------------------------(Appellant) Versus RAVINDRA PD. YADAV-----------------------------------------(Respondents) with FA No.481 oF 1992 STATE THRU.COLLECTOR ,PATNA----------------------------------(Appellant) Versus SHRI DINA NATH SINGH--------------------------------------(Respondents) ----------- P R E S E N T THE HON'BLE MR. JUSTICE PRAKASH CHANDRA VERMA P.C. Verma, J. 1. Heard learned counsel for the parties. 2. These appeals have been filed against the Award dated 30th April, 1992 passed by Shri Narendra Mishra, Special Judge (Land Acquisition) II, Patna in Land Acquisition Reference Case Nos. 1 of 1991, 4 of 1991, 16 of 1991, 6 of 1991, 22 of 1991, 2 of 1991, 15 of 1991, 28 of 1991, 3 of 1991, 25 of 1991, 19 of 1991 and 17 of 1991. 3. The facts of the case are that under emergent L.A. Proceeding an area of 10.10 acres of land in village Sarari, P.S. Danapur, District- Patna was acquired for the construction of staffs’ quarter of Electricity Department and Electric Substation. Out of the aforesaid area an area of 0.2125 acre was released and thus 9.885 acres remained under L.A. Proceeding, which is under reference. The notification to this effect in the district gazette for the acquisition of 3 land was made on 15.12.1987. The date of publication of notification was 06.02.1987. Possession of the land was taken on 02.03.1988. Fifty percent of the compensation was paid by the Land Acquisition officer on 05.01.1989 and remaining fifty percent was paid on 13.02.90. The award was declared on 13.01.1990. The collector fixed the amount of award at Rs.1,52,301/- per acre i.e. Rs. 701/- per katha. The reference court has recorded following findings: a. Learned counsel for the appellants has submitted that the court-below has erroneously held that the sole statement, Ext-A prepared in a perfunctorily manner and it does not represent true market value of lands under acquisition. He has erroneously held that the sale deeds relied upon by the respondents specially Ext-1 & 1/A were genuine. It is further alleged that the learned court-below has relied upon exemplar contained in Ext-1/B dated 11.08.1985 for enhancing the amount of compensation. He has also erroneously awarded interest at the rate of 9% to the respondent from 03.08.1988 to 05.01.1989. b. The awardees have filed several sale deeds showing the sale transactions of the land of the locality from 1986 to 1988. Some of the sale deeds show the price of the lands several times higher than the sale deed considered by the Land Acquisition Department of those sale deed upon which the awardees have relied the sale deed dated 11.09.1986 is worth to be considered. It was executed by Bisu Bhagat in favour of Leela Devi wife of Ram nath Prasad Rai of plot No.1291 having an area of 5.166 decimals for Rs. 18000/- which comes to rupees ten thousand eight hundred seventy five per katha (Rs.10,875/- 4 per katha). This land of plot No. 1291 is of the same village as is clear from the evidence of A.W.9. He has further stated that the level of land under acquisition is the same as the level of the land of plot No. 1291 purchased by him. On the other hand there is no evidence to rebut this fact for the opposite party. They have also relied upon a decision reported in P.L.J.R. 1989 at page- 676. The Hon’ble Patna High Court held that the compensation should be paid taking into consideration the various factor including the location, importance and purchase of the land sought to be acquired. In the instant case the lands under acquisition are situated by the side of the road leading from Khagual to Bihta. The witnesses have also deposed on this point. There is no evidence on record for the opposite party to controvert this fact. In this view of the matter and in the circumstances of the case the learned reference court has rightly found it just and proper to take modest approach and relied on exemplar Ext-1/B and rightly held that the amount of compensation awarded to the awardees by the Land Acquisition Officer is not adequate and had enhanced the rate of compensation at the rate of Rs.10,875/- per katha. The reference court has rightly fixed the rate of interest at the rate of Rs.9% per annum, solatium at the rate of 30% on the amount of compensation and benefit of additional amount at the rate of 12% per annum. 4. Upon hearing learned counsel for the State and on going through the record and the judgment passed by Reference Court impugned in the appeal, this Court finds that the Reference Court has rightly relied on the exemplar Ext-1/B, which is nearest sale-deed to the date of execution though one year before and has also taken into 5 account the factor that the land is situated by the side of the road leading from Khagaul to Bihta. 5. Thus, this Court do not find any infirmity or illegality in the award made by the Reference Court in these appeals. Thus, these appeals are devoid of merit and hereby dismissed. Patna High Court, Dt. 21.04.2011, N.A.F.R./Mkr. (Prakash Chandra Verma, J.)