Ahsanul Hoda vs State Of Bihar

2. Certain lands in Mauja Mothabari, Thana Katoria, Pargana Sarohi, District Bhagalpur (now Banka) were acquired for the construction of the Orni-reservoir. Land measuring 3.54 acres of Khata No.111, Khasra No.2925 of same village belonging to the appellant was also acquired. The Collector by an award order dated 16.10.1984 fixed the compensation of Rs.6513.60 for the entire land based on market rate at Rs.16 per decimal. No amount was awarded towards damages of standing crops.

3. The Reference Court to which the claims of the land owners for higher compensation were referred, determined the market value as Rs. 250/- per decimal i.e. Rs. 25,000/- per acre. The Reference Court based its decision on two sale transactions submitted by the claimant dated 25.11.1980 and 16.10.1975 (Ext.1 and Ext.1/b) relating to sale of plots in the neighbouring area. Considering the fact that the sale deeds were related to small extent of land of nearby village and the acquisition was related to a larger extent, the Reference Court was of the view that certain percentage could be deducted while determining the value of the land in question. However, as sale deeds were of the earlier period, after such deduction, appropriate increase in the value of the land from the date of the sale deed to the date of the Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) was made.

4. The respondent preferred an appeal before the High Court. The High Court disposed of the said appeal by impugned judgment dated 10.2.2011. The High Court modified the judgment of the Reference Court with regard to the market value by reducing the market rate from Rs.250/- per decimal to Rs.100/- per decimal and set aside the part of the order whereby sum of Rs.10,000/- was granted by the Tribunal as damages of standing crops.

7. The High Court by its impugned judgment modified the compensation and set aside the part of the order relating to compensation for standing crops on three counts, namely; (a) The sale deeds dated 25.11.1980 (Ext.1) and 16.10.1975 (Ext.1/b) related to smaller area of 25 and 6 ½ decimals of land respectively; (b) Aforesaid sale deeds do not relate to agricultural land but homestead land as in the boundary of one of the sale-deed ‘Masjid’ and ‘road’ is shown; (c) OP-W-1, Shri Ratneshwar Pd. Singh has stated that there was no crop standing on the land at the time of the possession.

11. AW-6, the claimant, himself in his deposition stated that 3.54 acres of his land acquired is ‘three fasla’ (produced three crops in an area) and was irrigated from the Orni river. At the time of taking possession by State, potato, wheat and sugar-cane were standing crops which were damaged causing a loss of Rs. 10,000/- to Rs.12,000/-. The market value of the land at the time of acquisition was between Rs. 50,000/- to Rs. 60,000/- per acre. Similar statements were made by other witnesses i.e. AW-1 to AW-

23. In view of the finding as recorded above, we have no other alternative but to set aside the order passed by the High Court and restore the award passed by the Reference Court. The impugned judgment passed by the High Court is accordingly set aside and the appeal is allowed. The respondents are directed to pay the appellant the compensation in terms of the award passed by the Reference Court after adjusting the amount already paid within three months. There shall be no separate order as to costs.