{"id":60134,"date":"2011-01-13T00:00:00","date_gmt":"2011-01-12T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/state-of-bihar-vs-mohan-sao-on-13-january-2011"},"modified":"2016-06-03T20:09:01","modified_gmt":"2016-06-03T14:39:01","slug":"state-of-bihar-vs-mohan-sao-on-13-january-2011","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/state-of-bihar-vs-mohan-sao-on-13-january-2011","title":{"rendered":"State Of Bihar vs Mohan Sao on 13 January, 2011"},"content":{"rendered":"
Patna High Court<\/div>\n
State Of Bihar vs Mohan Sao on 13 January, 2011<\/div>\n
Author: Mungeshwar Sahoo<\/div>\n
                    FIRST APPEAL No. 190 OF 2005\nAgainst the judgment and award dated 17.02.2005 passed by 4th Additional\nDistrict Judge, Nawada in Land Acquisition Case No. 45 of 1985\/22 of\n1991.\n\n\nSTATE OF BIHAR                       .......... Opposite Party-Appellant\n                                Versus\nBIMALA DEVI                          ......... Applicant-Respondent\n                           WITH\n\n                    FIRST APPEAL No. 193 OF 2005\nAgainst the judgment and award dated 14.02.2005(Award signed on\n25.02.2005) by 4th Additional District Judge, Nawada in Land Acquisition\nCase No. 350 of 1984\/50 of 1991.\n\n\nSTATE OF BIHAR                       .......... Opposite Party-Appellant\n                                Versus\nPARO DEVI                             ......... Applicant-Respondent\n\n                                 WITH\n\n                    FIRST APPEAL No. 194 OF 2005\nAgainst the judgment and award dated 21.03.2005(Award signed on\n01.04.2005) by 4th Additional District Judge, Nawada in Land Acquisition\nCase No. 24 of 1985\/44 of 1991.\n\n\nSTATE OF BIHAR                       .......... Opposite Party-Appellant\n                                Versus\nMOHAN SAO                                ......... Applicant-Respondent\n\n                           WITH\n\n                    FIRST APPEAL No. 195 OF 2005\nAgainst the judgment and award dated 21.03.2005(Award signed on\n01.04.2005) by 4th Additional District Judge, Nawada in Land Acquisition\nCase No. 36 of 1985\/14 of 1991.\n\n\nSTATE OF BIHAR                       .......... Opposite Party-Appellant\n                                Versus\nRAMESHWAR PRASAD                     ......... Applicant-Respondent\n\n\n\n                               ********\n                                                 2\n\n\n\n\n       For the Appellant(in all the four First Appeals): Mr. Ajay Kumar Sharma,A.C. to A.A.G. 3\n\n\n       For the Respondents :    None\n\nDated : 13th day of January, 2011\n\n                                         PRESENT\n\n                     THE HON'BLE MR. JUSTICE MUNGESHWAR SAHOO\n\n                                        JUDGMENT\n<\/pre>\n
  Mungeshwar           The State of Bihar has filed First Appeal No.190 of 2005
\n  Sahoo, J.\n<\/p>\n
            against the judgment and award dated 17th February, 2005 in L.A. Case<\/p>\n
             No.45 of 1985\/22 of 1991, First Appeal No.193 of 2005 against the<\/p>\n
             judgment and award dated 14.02.2005 passed in L.A. Case No.350 of<\/p>\n
             1984\/50 of 1991, First Appeal No.194 of 2005 and First Appeal No.195 of<\/p>\n
             2005 against the judgment and award dated 21.03.2005 passed in L.A.<\/p>\n
             Case No.24 of 1985\/44 of 1991 and L.A. Case No.36 of 1985\/14 of 1991<\/p>\n
             respectively, all passed by the learned 4th Additional District Judge,<\/p>\n
             Nawada.\n<\/p>\n<\/p>\n
                          (2)   Since in all the above four First Appeals, the lands<\/p>\n
             have been acquired by the State of Bihar by same notification and for the<\/p>\n
             same purpose and the points involved in all the First Appeals are same.<\/p>\n
             It appears that judgments are also on the same line.        The evidences<\/p>\n
             adduced by the parties in all the four First Appeals are also same. In all<\/p>\n
             the four First Appeals, the houses of the respondents have been acquired.<\/p>\n
             Considering the above facts that same question is involved in all the four<\/p>\n
             First Appeals, they are heard together one after the other and are<\/p>\n
             disposed of by this common judgment.\n<\/p>\n
                                    3<\/span><\/p>\n
             (3)   In all the four First Appeals, the case of the claimants<\/p>\n
is that their houses have been acquired by the State of Bihar for<\/p>\n
construction of Phulwariya Jalashaya in Land Acquisition Case No.13 of<\/p>\n
1982-83 of the Court of Land Acquisition Officer.      Award No.132 was<\/p>\n
prepared by the Land Acquisition Officer on 07.01.1984 for Rs.13,589.23<\/p>\n
paise in Land Acquisition Case No.45 of 1985\/22 of 1991 of the 4th<\/p>\n
Additional District Judge, Nawada giving rise of First Appeal No.190 of<\/p>\n
2005 and likewise, in First Appeal No.193 of 2005, Award No.75 was<\/p>\n
prepared for Rs.21,932.38 paise, in First Appeal No.194 of 2005, Award<\/p>\n
No.118 was prepared for Rs.9678.11 paise and in First Appeal No.195 of<\/p>\n
2005, Award No.142 was prepared for Rs.1,25,964.18. All the claimants-<\/p>\n
land holders-respondents received the said awards prepared by the Land<\/p>\n
Acquisition Officer with objection and filed application under Section 18 of<\/p>\n
the Land Acquisition Act claiming that the compensation paid by the Land<\/p>\n
Acquisition Officer is inadequate and very low and therefore, the matter<\/p>\n
may be referred to the Land Acquisition Judge.           Accordingly, their<\/p>\n
applications under Section 18 of the Land Acquisition Act were referred to<\/p>\n
the Land Acquisition Judge.\n<\/p>\n<\/p>\n
             (4)   According to all the respondents, their houses have<\/p>\n
been acquired by the State of Bihar but it was not properly valued<\/p>\n
according to the prevalent market rate and very low amount has been<\/p>\n
paid as compensation.     In all the above referred cases, before Land<\/p>\n
Acquisition Judge, the claimants-respondents adduced two witnesses.<\/p>\n
Out of the two witnesses, one is claimant-respondent and the other is of<\/p>\n
the neighbouring village. In all the cases, the State of Bihar also adduced<\/p>\n
one witness as formal witness who proved the Khatiyan as Exhibit A and<\/p>\n
B.   All the witnesses in all the cases have deposed giving specific
\n                                    4<\/span><\/p>\n
description of their respective houses acquired by the State of Bihar. In<\/p>\n
First Appeal No.190 of 2005, the claimant-respondent was examined as<\/p>\n
A.W.1 who has specifically stated that his two houses have been acquired.<\/p>\n
In his evidence, he has described the rooms, kitchen and veranda of the<\/p>\n
house and has also stated valuation of both the houses were Rs.25,000-<\/p>\n
30,000.   However, A.W.2 said that the valuation was about Rs.80,000-<\/p>\n
90,000. The learned Court below found that there is no denial on the part<\/p>\n
of the State of Bihar to the effect that house was standing on this land<\/p>\n
which was acquired for the Phulwariya Jalashaya.        Likewise, in First<\/p>\n
Appeal No.193 of 2005, the claimant-respondent has been examined as<\/p>\n
A.W.2. She in her evidence has clearly stated that her two houses have<\/p>\n
been acquired. She has also described the rooms, kitchen, veranda and<\/p>\n
roof etc. and specifically stated that the valuation of both the houses was<\/p>\n
about Rs.80,000-90,000. In First Appeal No.194 of 2005, the claimant-<\/p>\n
respondent was examined as A.W.2.       He has also stated that his two<\/p>\n
houses have been acquired.     He has also described the houses and the<\/p>\n
rooms comprised in both the houses and said that the valuation was<\/p>\n
about Rs.40,000 at the time of acquisition.     In First Appeal No.195 of<\/p>\n
2005, the claimant-respondent was examined as A.W.1.        He has stated<\/p>\n
that his two houses have been acquired by the State of Bihar. One house<\/p>\n
was pucca brick built consisting of 10 rooms and the other house also<\/p>\n
consisting of 10 rooms having veranda, septic latrine as well as kitchen in<\/p>\n
both the houses. He has also specifically stated that the valuation of the<\/p>\n
houses was about 2 to 2.5 lacs. The other witnesses in all the cases have<\/p>\n
supported the valuation. On the contrary, there is no denial on the part<\/p>\n
of the State of Bihar about existence of house. Only Khatiyan has been<\/p>\n
proved and according to the O.P.W.1, the valuation has been fixed on the
\n                                    5<\/span><\/p>\n
basis of Khatiyan.     The learned Court below found that there is no<\/p>\n
description of house in the Khatiyan and the State of Bihar has not<\/p>\n
explained as to how the Land Acquisition Officer computed the valuation<\/p>\n
of the houses.     The learned Court below also found that the witness<\/p>\n
examined on behalf of the State of Bihar admitted the fact that the award<\/p>\n
was prepared on the basis of Khatiyan only, therefore, there was no<\/p>\n
valuation of the house.\n<\/p>\n<\/p>\n
             (5)     Considering the above evidences, I find that there is<\/p>\n
no denial on the part of the appellant regarding the existence of the<\/p>\n
houses as stated by the claimants. There is no denial about the valuation<\/p>\n
also. There is no denial also that only on the basis of the Khatiyan, the<\/p>\n
compensation has been paid.        There is no contrary evidence to the<\/p>\n
evidence adduced by the applicant. From the evidences, it appears that<\/p>\n
although, the evidences of the applicants are only oral evidences but then<\/p>\n
those evidences, in my opinion, are reliable evidences.<\/p>\n
             (6)     The learned counsel for the appellant submitted that<\/p>\n
in First Appeal No.190 of 2005, the learned Court below also awarded<\/p>\n
compensation for Well which is not payable because it is only a facility<\/p>\n
attached to the land or the house. So far this submission is concerned,<\/p>\n
no doubt for Well, no compensation is payable but then from perusal of<\/p>\n
the impugned judgment, it appears that the claimant who was examined<\/p>\n
as A.W.1 has claimed the valuation of his house as Rs.25,000-30,000 and<\/p>\n
Rs.6,000 as cost of Well.     However, the learned Court below has not<\/p>\n
granted compensation separately for Well and only Rs.25,000 has been<\/p>\n
awarded.   I, therefore, find no force in this submission of the learned<\/p>\n
counsel for the appellant.\n<\/p>\n
                                                  6<\/span><\/p>\n
                          (7)    The learned counsel next submitted that the learned<\/p>\n
             Court below has relied upon only the oral evidences adduced by the<\/p>\n
             appellant which cannot form the basis for computing the compensation.<\/p>\n
             So far this submission is concerned, no doubt only oral evidences have<\/p>\n
             been adduced but then there is no denial on the part of the appellant that<\/p>\n
             no houses of the claimants have been acquired. The description given by<\/p>\n
             the claimants in their evidences has also not been denied. Considering all<\/p>\n
             these aspects of the matter, the learned Court below has awarded the<\/p>\n
             minimum compensation, although, the claimants claimed more amount<\/p>\n
             than the amount of compensation awarded by the Land Acquisition Judge.<\/p>\n
             In all these cases, it appears that the State of Bihar did not produce any<\/p>\n
             evidences showing the manner of computation of the award. After taking<\/p>\n
             note of all these facts, the learned Court below has given the<\/p>\n
             compensation to the claimants-respondents.\n<\/p>\n<\/p>\n
                          (8)    Considering the above facts and circumstances of the<\/p>\n
             case, I find no reason to interfere with the impugned judgment and award<\/p>\n
             in all the four First Appeals. Accordingly, the findings of the learned Court<\/p>\n
             below in all the four First Appeals are hereby confirmed.<\/p>\n
                          (9)    In the result, I find no merits in the above four First<\/p>\n
             Appeals and therefore, all the four First Appeals are hereby dismissed. In<\/p>\n
             the facts and circumstances of the case, the parties shall bear their own<\/p>\n
             costs.\n<\/p>\n<\/p>\n
                                                            (Mungeshwar Sahoo, J.)<\/p>\n
Patna High Court, Patna
\nThe 13th January, 2011
\nSaurabh\/N.A.F.R.<\/p>\n","protected":false},"excerpt":{"rendered":"
Patna High Court State Of Bihar vs Mohan Sao on 13 January, 2011 Author: Mungeshwar Sahoo FIRST APPEAL No. 190 OF 2005 Against the judgment and award dated 17.02.2005 passed by 4th Additional District Judge, Nawada in Land Acquisition Case No. 45 of 1985\/22 of 1991. STATE OF BIHAR ………. Opposite Party-Appellant Versus BIMALA DEVI […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,26],"tags":[],"class_list":["post-60134","post","type-post","status-publish","format-standard","hentry","category-high-court","category-patna-high-court"],"yoast_head":"\nState Of Bihar vs Mohan Sao on 13 January, 2011 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/state-of-bihar-vs-mohan-sao-on-13-january-2011\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"State Of Bihar vs Mohan Sao on 13 January, 2011 - 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