IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.376 of 1988 1. State of Bihar through Sub-divisional Officer, Barnar Dam, Batia, District-Munger. 2. Executive Engineer, Barnar Dam, Batia, District- Munger. Opp-party—Appellants. Versus Jamuna Pd. Barnwal son of Late Banwari Pd. Barnwal, R/o village-Batia, P.S.Sono, Subdivision-Jamui, District: Munger. Applicant-Respondent. ----------- For the appellants : Mr. Sanjay Kumar, G.P.-14. For the respondent : Mr. Jai Shanker Barnwal, Advocate. -------- 10/ 14.05.2010 Heard learned counsel for the appellants and learned counsel for the respondent. In this appeal preferred under Section 54 of the Land Acquisition Act, 1894, the award passed by the reference court, namely, Subordinate Judge-I-cum- Land Acquisition Judge, Jamui in L.A.Case No.130 of 1983 (05/1984) is called in question. A notification was issued for acquisition of certain lands and eventually an award came to be passed by the Land Acqusition Officer, Medium Irrigation Project, Deoghar. The Land Acquisition Collector under the Act awarded a sum of Rs.9,903/- per acre. The - 2 - reference court referred to the sale deeds executed during the relevant period in respect of the adjoining land on 08.09.1977. The land situate in Plot No.1042 which is adjoining to the land that has been acquired was transferred at Rs.44,444/- per acre. Certain lands were also transferred at the rate of Rs.1,00,000/-. The reference court also found that the acquired lands are situated by the side of metallic road of P.W.D, known as “Chakai-Jamui Road”. The reference has referred to the certain map, Ext-1 to show that the acquired land was in proximity to Jamui metallic road. Oral evidence was advanced, apart from sale deeds that the lands were being sold at higher rate which was also gone up to Rs.1,00,000/-. The reference Judge had scrutinised the map to record a finding about the situation of the land and took note of the fact that they were homestead land and are situated on the road side. Regard being had to the contemporaneous sale deeds, nature of the land, their situation and other ancillary factors, the reference court has determined the value of the lands at the rate of Rs.400/- per decimal. - 3 - It is submitted by Mr. Sanjay Kumar, learned counsel for the State that the learned reference Judge has taken note of those sale deeds which relate to small patches of land. Per contra, it is submitted by the learned counsel for the respondent that it is fact that the reference court has relied on sale deeds relating to small patches of land. He has also taken note of various other factors; namely, the land acquired is homestead in nature, its proximity to the Chakai-Jamui motorable road and its potentiality. In a matter relating to determination of price of land, some guess work has to be seen. What price a prudent man has offered and the potentiality of the land cannot be ignored. In this context, the decisions rendered in Hookiyar Singh and others Vs. Special Land Acquisition Officer, Moradabad and another, (1996) 3 SCC 766, G. Narayan Vs. Land Acquisition Officer, (1996) 10 SCC 607, Kunwar Singh and others Vs. Union of India, (1998) 8 SCC 136, Hasan Ali Walimchand (dead) by LRs Vs. State of Maharashtra, (1998) 2 SCC 388, Ahad Brothers Vs. State of M.P. - 4 - and another, (2005) 1 SCC 545, Shardamma Vs. Special Land Acquisition Officer and another, (2007) AIR SCW 1109, throw immense light and provide adequate guidelines. Tested on the aforesaid pronouncements of law, I am of the considered opinion the value determined per acre by the learned reference court is sound and correct and does not warrant any interference in this appeal. Be it noted, the interest on solatium shall be granted in terms of the decision rendered in Sunder v. Union of India, AIR 2001 SC 3516. Accordingly, the appeal, being devoid of merit stands dismissed. The parties shall bear their respective costs throughout. Sunil (Dipak Misra, C.J.)