High Court Patna High Court

The State Of Bihar vs Narsingh Singh on 26 March, 2010

Patna High Court
The State Of Bihar vs Narsingh Singh on 26 March, 2010
IN THE HIGH COURT OF JUDICATURE AT PATNA
                 FA No.349 of 1995

The State of Bihar ... .... Opposite party-Appellant.
                             Versus
1. Kameshwar Singh S/o Rameshwar Singh,
Resident of Village- Nasibuchak, P.S. Fatwah, District-Patna.
                         Applicant-Respondent.
2. Dy. General Manager, Eastern Railway, Calcutta.
                                                  ......Respondent.

                               With
                       FA No.379 of 1995
1. The State of Bihar ... .... Opposite party-Appellant.
2. Dy. General Manager, Eastern Railway, Calcutta.
                                                    .....Appellant.
                              Versus
Sujit Kumar, Son of Brij Ballabh Singh,
Resident of Village- Bhudunchak, P.S. Fatwah, District-Patna.

                        ......Respondent.
                                 With
                         FA No.383 of 1995
The State of Bihar ... .... Opposite party-Appellant.
                                Versus
1. Dhirendra Kumar Son of Brij Ballab Singh,
Resident of Village- Bhudunchak, P.S. Fatwah, District-Patna.
                                                    .......Respondent.
2. Dy. General Manager, Eastern Railway, Calcutta.
                                                      ....Respondent.
                                 With
                         FA No.354 of 1995
1. The State of Bihar ... .... Opposite party-Appellant.
2. Dy. General Manager, Eastern Railway, Calcutta.
                                                         Appellants.
                                Versus
 Smt. Chhuhoriya Devi w/o Lal Kishan Paswan, D/o Jhakri Paswan,
resident of village Rajpur, P.S. Fatwah, District-Patna.
                                 With
                         FA No.351 of 1995
The State of Bihar ... .... Opposite party-Appellant.
                                Versus
1Kishori Yadav, Son of Hiraman Yadav,
Resident of Village- Rajpura, P.S. Fatwah, District-Patna.
                          Applicant-Respondent.
2. Dy. General Manager, Eastern Railway, Calcutta.
                           -2-




                                     ......Respondent.
                               With
                        FA No.350 of 1995
The State of Bihar ... .... Opposite party-Appellant.
                              Versus
1. Shhaman Singh, Son of Murat Singh,
Resident of Village- Nisbunchakchak, P.S. Fatwah, District-Patna.
                         Applicant-Respondent.
2. Dy. General Manager, Eastern Railway, Calcutta.
                                         .......Respondent.
                               With
                        FA No.380 of 1995
1. The State of Bihar ... .... Opposite party-Appellant.
2. Dy. General Manager, Eastern Railway, Calcutta.
                                      ......Appellants.
                              Versus
Pappu Singh, @ Dhananjay Singh. S/o Sachidanand Singh,
Resident of Village- Bhudunchak, P.S. Fatwah, District-Patna.
                                                     ....Respondent.
                               With
                        FA No.356 of 1995
1. The State of Bihar ... .... Opposite party-Appellant.
2. Union of India through Dy. General Manager, Eastern Railway,
Calcutta.
                                                   ....... Appellants.
                              Versus
Ramchandra Singh Son of Munshi Singh,
Resident of Village- Rajpura, P.S. Fatwah, District-Patna.
                                                   ......Respondent.
                               With
                        FA No.357 of 1995
The State of Bihar ... .... Opposite party-Appellant.
                              Versus
1. Basudeo Prasad, son of Late Jaggu Yadav
Resident of Village- Rajpura, P.S. Fatwah, District-Patna.
                                    .....Applicant-Respondent.
2. Dy. General Manager, Eastern Railway, Calcutta.
                                                  ........ Respondent.


                              With
                       FA No.381 of 1995
1. The State of Bihar ... .... Opposite party-Appellant.
2. Dy. General Manager, Eastern Railway, Calcutta.
                                               .........Appellants.
                             Versus
                           -3-




Kumari Punami, D/o Brij Ballabh Singh,
Resident of Village- Bhudunchak, P.S. Fatwah, District-Patna.
                                               ..........Respondent.
                               With
                        FA No.287 of 1995
1. The State of Bihar ... .... Opposite party-Appellant.
2. The Union of India through Dy. General Manager, Eastern
Railway, Calcutta.
                                                     ....Appellants.
                              Versus
Rameshwar Yadav, son of Chhotu Yadav,
Resident of Village- Nisibuchak, P.S. Fatwah, District-Patna.
                                                    .....Respondent.
                               With
                        FA No.311 of 1995
1. The State of Bihar ... .... Opposite party-Appellant.
2. Dy. General Manager, Eastern Railway, Calcutta.
                                                    ..... Appellants.
                              Versus
1. Raj Ballav Singh, son of Ram Pd. Singh,
2. Raj Nandeshwar Singh, son of Ram Pd. Singh,
Resident of Village- Budhuchak, P.S.Fatwah, District-Patna.
                                                   ....Respondents.

                            With
                       FA No.374 of 1995
1. The State of Bihar ... .... Opposite party-Appellant.
                                                        Appellant.
                              Versus
1. Dhuri Yadav son of Raj Nandan Yadav,
    Resident of Village- Nasibuchak, P.S. Fatwah, District-Patna
2. Dy. General Manager, Eastern Railway, Calcutta.
                                                      Respondents.


                              With
                       FA No.360 of 1995
1. The State of Bihar ... .... Opposite party-Appellant.
                                                 ......Appellant.
                             Versus
1. Mostt. Sukhia Devi W/o Late Parmeshwar Prasad,
2. Nagina Yadav
3. English Yadav
4. Moti Yadav
   sons of Late Parmeshwar Yadav.
5. Samalta Devi d/o Late Parmeshwar Yadav
                           -4-




      Resident of Village- Rajpura, P.S. Fatwah, District-Patna
6. Dy. General Manager, Eastern Railway, Calcutta.
                                             .......Respondents
                                With
                        FA No.361 of 1995
. The State of Bihar ... .... Opposite party-Appellant.
2. Dy. General Manager, Eastern Railway, Calcutta.
                                                    ..... Appellants.
                               Versus
1. Lallan Prasad, son of Late Lakhraj Rai
2. Sidheshwar Pd. son of Late Lakheraj Rai,
3. Anil Kumar S/o Late Lakharaj Rai
Resident of Village- Rajpura, P.S.Fatwah, District-Patna.
                                       ....Respondents
                                With
                        FA No.364 of 1995
The State of Bihar ... .... Opposite party-Appellant.
                               Versus
1. Barhu Yadav, son of Jhagru Yadav
Resident of Village- Nisubuchak, P.S. Fatwah, District-Patna.
                    Applicant-Respondent.
2. Dy. General Manager, Eastern Railway, Calcutta.
                                           .....Respondent.

                               With
                       FA No.307 of 1995
1. The State of Bihar ... .... Opposite party-Appellant.
2. Dy. General Manager, Eastern Railway, Calcutta.
                                                    ..... Appellants.
                              Versus
 Narsingh Singh , son of Late Keshwar Singh
Resident of Village- Nohta, P.S.Fatwah, District-Patna.
                         ....Respondent
                               With
                       FA No.263 of 1995
1. The State of Bihar ... .... Opposite party-Appellant.
2. Union of India through the Dy. General Manager, Eastern
Railway, Calcutta.
                                                    ..... Appellants.
                              Versus
Bachan Singh Son of Chandrma Singh
Resident of Village- Nasibuchak, P.S.Fatwah, District-Patna.
                                        ....Respondent
                             -----------
                                      -5-




          For appellant-State      : Mr. Narmdeshwar Jha, A.A.G.-VII
                                     Mr. Anil Kumar Jha, G.A.-II
                                     Mr. Harendra Prasad Singh, G.A.-VI
                                     Mr. Sanjay Kumar, G.P. XIV.

          For appellant-Railway      : Mr.Sabbir Ahmad, Advocate.

          For respondents-claimants :     Mr. R.C.Sinha, Advocate.
                                          Mr. S.K.Yadav, Advocate.
                                          Mr. P.C.Yadav, Advocate.
                                          Mrs. Sheela Sharma, Advocate.
                                          Mr. Rakesh Ranjan, Advocate.
                                           -------



P R E S E N T:         THE HON'BLE THE CHIEF JUSTICE

                                           JUDGMENT

(26.03.2010)

Dipak Misra, C.J.-

In this batch of appeals, the challenge is to the award

dated 26.11.1994 passed by the learned Special Land

Acquisition Judge, III, Patna in L.A.Case No.1 of 1993 and

other connected cases.

2. A notification was issued under Section 4(1) of the

Land Acquisition Act, 1894 (for short, ‘the Act’) for acquisition

of 74.515 acres of land situate in village Raipura, P.S. Fatwah,

District-Patna for construction of Railway Godown. The Land

Acquisition Officer determined the price at Rs.2403/- per katha.

The awardees not being satisfied with the same filed an
-6-

application for reference to the Civil Court and the Land

Acquisition Officer referred the matter to the Civil Court.

3. Before the Civil Court, it was contended that the

claimants were entitled to Rs.50,000/- per katha as that was the

price at the time of acquisition. It was also contended that the

Land Acquisition Officer had not taken into consideration the

documents on record and had arbitrarily determined the price.

4. Before the Reference Judge, number of witnesses

were examined on behalf of the claimants and documents were

exhibited to highlight how the transactions were made which

would show the land was sold at much higher rate.

5. The learned Reference Judge referred to the sale

deeds vide Ext.-1 series produced on behalf of the awardees.

Ext.-1 is the certified copy of the sale deed dated 05.04.1989 in

respect of Survey Plot No.1029 of Village Raipura, whereby

one katha of land was sold for Rs.10,000/-. Vide Ext.-1/A, 1/3rd

katha was sold at Rs.8,000/-. Ext.-1/B is the sale deed by which

an area of 5 kathas was sold for Rs.45,000/-. Ext.-C is a sale

deed by which one katha of land was sold at Rs.11,000/-. He

has also referred to Exts. A, B and C, the valuation report,

valuation khatiyan and the sale statements on which the Land

Acquisition Judge has relied.

-7-

6. It is worth noting the Land Acquisition Officer had

awarded Rs.2403/- per katha relying on the three documents,

namely, Ext.A, B and C. The Reference court relying on the

contemporaneous sale deeds determined the price at

Rs.11,000/- per katha.

7. While determining the compensation, the court is

required to keep in mind the law that has been crystalised by

the Apex Court in the decisions rendered in Ahmedabad

Municipal Corporation and Others Vs. Shardaben and

others (1996) 8 SCC 93, Hookiyar Singh and others Vs.

Special Land Acquisition Officer, Moradabad and another,

(1996) 3 SCC 766, State of U.P. and others Vs. Ram Kumari

Devi (Smt) and others, (1996) 8 SCC 577 and Gujarat

Industrial Development Corporation Vs. Narrottambhai

Morarbhai and another, (1996) 11 SCC 159.

8. In the case at hand, there are number of sale deeds

which were exhibited, and the same would show the price per

katha varied from Rs.9,000/- to Rs.11,000/-. As the Land

Acquisition Officer had fixed the price per katha, the learned

reference Judge could not be said to be gone by determining the

price per acre. When the said principle is accepted, the only thing

remains for consideration is the determination of quantum. The

acquired area of the transaction covered in the sale deeds is
-8-

almost adjacent to the land. The said fact is not disputed by

learned counsel for the parties.

9. Regarding being had to the proximity of the area and

the contemporaneous sale deeds and the oral evidence brought

on record and the principle that has been fixed by the Lordships

of the Apex Court and the component of guess work which can

be taken aid of, I am of the considered opinion the valuation

should be determined at Rs.8,000/- per katha and accordingly, the

award passed by the Reference Judge is modified and the

claimants would be entitled to compensation at the rate of

Rs.8,000/- per katha. Needless to say they shall be entitled all

statutory benefits including the interest on solatium as per the

decision rendered in Sunder Vs. Union of India, AIR 2001 SC

3516.

10. In the result, the appeals are allowed in part. The

award shall be modified accordingly. The modified award shall

be satisfied within four months. The parties shall bear their

respective costs throughout.

( Dipak Misra, C.J.)

Sunil/