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19. In the case at hand the claimants brought on record the documents that the land in question situate adjacent to Aurangabad Town and on one side of the land there is Karma road and Aurangabad-Patna road is on the other side. It was stated that it is situated adjacent to Aaurangabad Police Line, Electricity Office, Anugrah Inter College, Block Development Officer‟s Office, Collectorate and other Government Offices. It was contended that the market value of land at the time of notification, that is, 30th June, 1987 was approximately 4000/- per decimal and the other land similar to the acquired land was sold at Rs.1600/- per decimal. It was also contended that the acquired land was homestead, yet the same was used for agricultural purposes and yielding good crops. The emphasis was laid on the development of Aurangabad Town and commercial facilities.

22. On behalf of the State though no written objections were filed, yet certain witnesses were examined and documents were exhibited. Ext.B is the valuation khatiyan and Ext.C is the sale chart prepared by the department. According to Ext. C, the value of the land is Rs.45000/- per acre on the ground that the sale chart was inconsequential inasmuch as the entry made in the said chart was of a land situate at a distance from the land in question.

23. Learned counsel for the claimants placed reliance over Exts.1, 1/a and 1/d which were contemporaneous sale deeds, the proximity to the road, the nature of the land, that is, homestead and the factum, that is, adjacent to the Government Offices and justified the claim for compensation.

24. On behalf of the State, it was contended that it was a ditch and not a homestead land and the price of the land was rightly determined by the Land Acquisition Officer. Reference Court relying on the oral evidence of the claimants recorded a finding that the land was not a ditch though it was used for agricultural purposes and perused the map, from which it was manifested that the entire plot no.22 was sold in the year 1986. He took note of the fact that 31 decimals of land of that plot was sold for a consideration of Rs.49000/- and five decimals of that plot was sold for Rs.7500/- in the same year.