The State Of Bihar vs Sri Ravindra Kumar on 26 March, 2010

IN THE HIGH COURT OF JUDICATURE AT PATNA
                  FA No.522 of 1995

The State of Bihar          ... Objector- Appellant.
                                Versus
Sunil Kumar grand son of Late Jethan Mahto,
Resident of Chanpura, Patnacity Chowk, District-Patna.
                               ... Awardee-Respondent.
                                WITH
                         FA No.524 of 1995
The State of Bihar          ... Objector- Appellant.
                                Versus
 1.Nagia Devi W/o Late Suraj Mahto
2. Sabita Devi
3. Mantu Devi
4. Guria Devi
   All three daughters of Late Suraj Mahto
   Resident of Village-Kamali Chak, Patnacity Chowk, P.O.
    Begumpur, P.S.Patna City, District-Patna.
                               ... Awardees-Respondents.
                                WITH
                         FA No.508 of 1995
The State of Bihar          ... Objector- Appellant.
                                Versus
Rameshwar Mahto Son of Sri Quader Mahto,
Resident of Dhawalpura, Patnacity Chowk, District-Patna.
                               ... Awardee-Respondent.
.
                                WITH
                         FA No.549 of 1995
The State of Bihar through Collector, Patna.
             ... Objector- Appellant.
                                Versus
Kunti Devi wife of Dinanath Sao,
Resident of Village Chhoti Pahari, P.S. Alamganj, District-Patna.
                               ... Awardee-Respondent.
                                WITH
                         FA No.151 of 1994
The State of Bihar through the Collector, Patna.
            ... Objector- Appellant.
                                Versus
Suresh Prasad Sinha, Son of Sri Jogendra Prasad Sinha,
Resident of Village- Rajendra Nagar, P.S.Kadam Kuan, District-
Patna.
                               ... Awardee-Respondent.
                                WITH
                         FA No.181 of 1994
                                -2-




 The State of Bihar through the Collector, Patna.
             Opposite party- Appellant.
                                Versus
 Sri Ravindra Kumar, Son of Sri Gyani Pd. Sharma,
 At Arya Kumar Road, Rajendra Nagar, P.S.Kadam Kuan, District-
 Patna.
                               ... Awardee-Respondent.
                                WITH
                          FA No.71 of 1994
 The State of Bihar through the Collector, Patna.
             ... Opposite party- Appellant.
                                Versus
 Surendra Sharma S/o Gyni Prasad Sharma,
 Resident of Village- Arya Kumar Road, Rajendra Nagar,
 P.S.Kadam Kuan, District-Patna.
                               ... Applicant-Respondent.
                                WITH
                          FA No.93 of 1994
 The State of Bihar through the Collector, Patna.
                                  ... Opposite party- Appellant.
                                Versus
 Shyam Bihari Prasad
                               ... Applicant-Respondent.
                                WITH
                          FA No.74 of 1994
 The State of Bihar through the Collector, Patna.
                              ... Opposite party- Appellant.
                                Versus
 Harendra Sharma son of Sri Gyani Pd. Sharma,
 Resident of Village- Arya Kumar Road, Rajendra Nagar,
 P.S.Kadam Kuan, District-Patna.
                               ... Applicant-Respondent.
                                WITH
                          FA No.82 of 1994
 The State of Bihar through the Collector, Patna.
                              ... Opposite party- Appellant.
                                Versus
 Suresh Pd. Sinha son of Jogendra Prasad Sinha,
 At Patliputra Path, Rajendra Nagar, District-Patna.
                               ... Applicant-Respondent.
                                         -----------

For the appellant : Mr. Narmdeshwar Jha, A.A.G.-VII
                    Mr. Anil Kumar Jha, G.A.II
                          Mr.Sanjay Kumar-1, G.P.14.
For the respondents     : Mrs. Sheela Sharma, Advocate.
                               ------
                                            -3-




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 preferred under Section 54 of

the Land Acquisition Act, 1894, the challenge is to the award

dated 03.10.1994 passed by the learned Special Land Acquisition

Judge, III, Patna. He has considered Ext.-2, Ext.-3, Ext.-A, Ext.-

B and Ext.-3/A and the judgment delivered in L.A.Case no.141 of

1986 dated 19.11.1992. The Land Acquisition Officer had

awarded Rs.27,824/- per acre. The Reference Court after

discussing the material, oral and documentary evidence brought

on record has enhanced the same to Rs.3,000/-. per katha only,

i.e. 96,000/- per acre.

This court by a detailed order in First Appeal No.134

of 1994 and other connected matters decided on 26.03.2010 has

rejected the plea of the State and dismissed the appeals.

It is submitted by Mrs. Sheela Sharma, learned counsel

for the respondent-land owner that when the Reference court had

come to hold the reasonable price would be Rs.26,000/- per

katha, and thus, there was no justification to slash the same to

Rs.21,000/-. It is worth noting that the Reference Court has

ascribed cogent reasons for the same and has taken into

consideration the contemporaneous sale deeds and the situation
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of land. What emphasis is laid by Mrs. Sheela Sharma is with

regard to opinion expressed by the Reference Court on a

particular portion of the judgment. Be that as it may, that can be

the governing factor.

In view of the aforesaid, I am not inclined to entertain

the cross-objections.

In the result, the appeals filed by the State and the cross

objections filed by the claimants stand dismissed without any

order as to costs.

( Dipak Misra, C.J.)

Sunil/