THE HIGH COURT OF JUDICATURE AT PATNA. First Appeal No.469 OF 1982 (Against the Judgment and Award dated 30th June, 1982 and 6th April, 1984 passed by Shri Anirudh Prasad, 1st Addl. District Judge, Gaya in L.A. Case No. 4 of 1982) STATE OF BIHAR-----------------------------------------------(Appellant) Versus BIBI SAJDA KHATOON-----------------------------------------(Respondents) ----------- P R E S E N T THE HON'BLE MR. JUSTICE PRAKASH CHANDRA VERMA P.C. Verma, J. This appeal has been filed against the Judgment and Award dated 30th June, 1982 and 6th April, 1984 respectively, passed by Shri Anirudh Prasad Sinha, 1st Addl. District Judge, Gaya in Land Acquisition Case No. 4 of 1982. 2. The facts of the case is that the land measuring an area of 68 decimals, out of S.P. No.32 appertaining to Khata No. 242, situated in village Iriki (more popularly known as Mohalla Irki of Jehanabad Town) P.S. Jehanabad, District Jehanabad was acquired under the provisions of the L.A.Act for construction of office and quarters of Irrigation Office. An Award dated 13.03.1978, amounting to Rs.8970/- was made by the learned Land Acquisition Officer in favour of the applicant towards the compensation of the aforesaid land. Further case of the appellant was that the compensation awarded was abnormally low and inadequate and as such they received the same under protest. The Awards were entirely arbitrary and no notice 2 except a notice under Section 12(2) of the L.A. Act was served on him. The aforesaid lands were very valuable road-side, Dih lands, fit for homestead purposes, situated within Jehanabad Town area and Jehanabad Municipal area, close to Jehanabad Court, Railway Station, Bazar etc. They produced potato and vegetable and summer vegetables. The Prevailing market value of the aforesaid lands at the time of notification under Section 491 of the L. A. Act was Rs.2000/- per decimal and accordingly the applicant was entitled to get the same. 3. On the basis of the evidence and certified copies of judgment (Exts-1 & 1/1)earlier passed by the reference court in the similar reference cases, learned court-below had found that the lands were located in close proximity to each other and the market value of the acquired lands should be @ Rs.1344/- per decimal and damages @ 5% on the aforesaid market value of the land as well as the statutory additional compensation should also be @ 15% of the aforesaid market value and interest @ 6% per annum from the date of award i.e. 13.03.1978 to the date of final payment of the compensation money. 4. Learned counsel for the appellant has submitted that the award in respect of the compensation for the acquired lands is not in accordance with law and the rate of compensation allowed by the learned Addl. District Judge is too high. He has submitted that learned Addl. District Judge should have considered the entire oral and documentary evidence produced by the State. He has submitted that learned court-below had not put reliance on the sale deed Ext-2 series of the year 1972 in assessing the market value of the acquired lands 3 when the acquisition was made in the year 1976. Learned court-below has erred in law in allowing 5% of the value towards the damage for the severance of their lands although there is no evidence on behalf of the respondent to show that they had actually suffered loss Rs.100/- per decimal on any such account. 5. 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, which is nearest sale-deed to the date of execution. Thus, this Court do not find any infirmity or illegality in the Award made by the Reference Curt in this appeal. The appeal is devoid of merit and hereby dismissed. Patna High Court, Dated 22nd April,2011, N.A.F.R./Mkr. (Prakash Chandra Verma, J.)