K.C.DAS GUPTA, K.N.WANCHOO, P.B.GAJENDRAGADKAR
State Of Bihar – Appellant
Versus
Kundan Singh – Respondent
Judgment
GAJENDRAGADKAR, J. - This appeal arises out of proceedings under the land Acquisition Act, 1894 (NO. 1 of 1894) (hereinafter called the Act ). The respondents owned an area of 0.12 acre of land in village Bermo No. 18 in the district of Hazaribagh. This land was required for the construction of Aerial Rope-way for Bokaro Thermal Power Plant, and so, in order to acquire the said land, a declaration under S. 4 of the Act was made on the 9th August, 1952. The property of the respondents which stands on this plot consists of two buildings one is the main structure and the other is made up of out-houses together with an open space of land in front of these structures. The notification showed that the Government thought it necessary to acquire a space of 50 ft. in width for the electric wire to run over and this included a portion of the open space as also the out-houses of the respondents. Under the proceedings taken under the relevant provisions of the Act, the land Acquisition Officer fixed the compensation to be paid to the respondents at Rs. 4,451/5/6; according to him, the said amount represented a fair and reasonable compensation for the land together with the out-houses
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