FIRST APPEAL No.187 OF 1979 (Against the judgment and award dated 21.02.1978 passed by Shri R.C. Ram, Special Land Acquisition Judge,-II, Patna in Land Acquisition Case No. 114 of 1966). STATE OF BIHAR-----------------------------------------------APPELLANT Versus BIBI ANISUNISA-------------------------------------------CLAIMANT/RESPONDENT For the appellant : Mr. Anil Kumar Jha, Sr. Advocate, G.A.-II With Sri S.K. Mishra, A.C. to G.A.-II For the respondent: None P R E S E N T THE HON'BLE MR. JUSTICE MUNGESHWAR SAHOO Mungeshwar sahoo, J. J U D G M E N T This First Appeal has been filed by the State of Bihar under section 54 of the Land Acquisition Act, 1894 against the judgment and award dated 21.02.1978 passed by Shri R.C. Ram, the learned Sub Judge-II, Patna in Land Acquisition Case No. 114 of 1966 allowing in part the reference under section 18 and enhancing the compensation awarded by the Land Acquisition Officer. 2. The facts for the purpose of this First Appeal in brief is that the land measuring 0.605 Acres which were comprised within Plot No. 813 & 814 of village-Ranipur, P.S. Kotwali, District-Patna belonging to the respondents, Anisunisa Begum were acquired by State of Bihar by 2 Notification No. 385/8 dated 16.05.1963. The compensation amount of the said land was fixed at Rs 32,000/- per Acre i.e. Rs 22,254/- for the acquired land measuring 0.605 and award was made. The claimant/respondent objected the compensation amount and requested the Collector to refer the matter under section 18 of the Land Acquisition Act. 3. After the reference u/S 18, the said Land Acquisition Judge by the impugned judgment, found that the compensation paid by the State of Bihar is considerably low and fixed the rate at Rs 3500/- per Katha and, therefore, the compensation was enhanced to Rs 55619.75. 4. The learned G.A.-II appearing on behalf of the appellant submitted that the learned court below should have relied upon Ext-A which was admittedly filed by the applicant/respondent and it was marked as Ext on behalf of the appellant which is rent chart but the learned court below has discarded the same. The learned counsel further submitted that from Ext-A it will appear that the acquired lands were purchased by the respondents/claimants for Rs 908/- per Katha , i.e. 29058/- per Acre and the learned Land Acquisition Officer relying upon the said rent chart made the award. Learned G.A.-II further submitted that the learned court below of its own presumed the rate at the rate of Rs 3500/- per Katha without there being any evidence. 5. It may be mentioned here that no body 3 appeared on behalf of the respondent when this appeal was heard. 6. In view of the above facts, the only point arises for consideration in this appeal is as to whether the judgment and award passed by the court below is correct? F I N D I N G S 7. According to the claimants, the prevailing market value of the vicinity land was Rs 15,000/- 18,000 per Katha because the lands are situated near High Court and Patliputra colony just by the side of main road. In support of the claim, three witnesses have been examined. According to the witness No. 1, the market price in the vicinity was Rs 10,000/- per Katha during the period of acquisition of land. He has also described the physical features around the land acquired and stated that the land is near High Court and there are various residential houses and the area has considerably developed. From the cross-examination, it is clear that the State of Bihar cross-examined him regarding the price for which the claimant purchased the said land. Such is the evidence of witness No. 2 Chandeshwar Prasad Singh and witness No. 3, Javed Hussain. These witnesses have all stated that at the relevant time, the prevailing rate was Rs 10,000/- per Katha. 8. It may be mentioned here that the State of Bihar/appellant has not examined any witness in support of 4 the rate of the land. Ext-A has been marked on the request of the respondent in the court below. It may be mentioned here that this valuation chart was filed by the appellant. From perusal of this valuation chart at serial No. 46, it is clear that the acquired land was purchased by the applicant/respondent in the year, 1960 at the rate of Rs 908/- per Katha. Therefore, on the basis of this valuation chart, the award was prepared by the Collectors. It may be mentioned here that the Notification was published for acquisition of land in May, 1963. In my opinion, therefore, it cannot be said that the rate of the land prevalent in 1960 was also the same in the year, 1963 when the lands were acquired. According to the witnesses examined on behalf of the applicants/respondents, the valuation of the land in the vicinity has increased considerably because of the fact that it is situated near the High Court. Therefore, the learned court below has rightly after considering the evidence, has found that the award given by the Land Acquisition Officer is considerably low. 9. As stated above, there is no contrary evidence adduced by the State of Bihar. Therefore, the evidence of the applicant/respondent to the effect that during the period of acquisition, the rate prevailing was Rs 9,000/- to 10,000/- per Katha is in fact ex parte. There is no contrary evidence. However, from perusal of the impugned judgment, it appears 5 that the learned court below also found that this claim is very high and exaggerated and, therefore, did not accept the claim. 10. According to the applicants/claimants, the said land was purchased for the residential purpose and because of acquisition; the applicants were compelled to change residence. Considering all these aspects, the learned court below came to the conclusion that Rs 3500/- per Katha will be proper. Since there was ex parte evidence, the court could have found the same in favour of the applicant but did not accept it as a whole. In such circumstances, the applicant could have challenged the award passed by the court below on the ground that in spite of the fact that the evidence regarding rate of land adduced by the applicant was ex parte but it was not relied on. On the contrary, the state has challenged the said judgment and award although there is no evidence adduced by the State of Bihar regarding the rate of land prevalent during the period of acquisition. As stated above, Ext-A cannot be said to be the rate prevalent in May, 1963. The court below found that the rate of Rs 3500/- per Katha would be proper and just. Considering the facts and circumstances of the case that the applicant was compelled to change the residence and the fact that the land purchased by her in the year, 1960 was at the rate of Rs 908 per Katha. As stated above, there 6 Patna High Court The 14 th day of July, 2010, AKV/AFR is no evidence available on record to the effect that even the rate of the land was below 3500/- per Katha. In such circumstances, after 34 years of the land acquisition, it cannot be said that the judgment and award by the learned court below fixing rate of land at Rs 3500/- per Katha was not just and proper. Particularly, when there is no evidence contrary to it. I, therefore, find that the rate fixed by the court below is according to section 23 of the Land Acquisition, therefore I confirmed the same. 11. In the result, I find no merit in this first appeal and accordingly, it is dismissed. 12. In the facts and circumstances of the case, the parties shall bear their own costs. (Mungeshwar Sahoo,J.)