JUDGMENT :

Heard learned counsel for the appellants and learned counsel for the respondents in both the appeals.

2. The present two appeals arise out of the judgment passed in a Reference Case bearing L. A. Case No. 02 of 2006, decided on 31.05.2013 by the learned Sub Judge-1st- cum- Land Acquisition Judge, Katihar (hereinafter referred to as the ‘Land Acquisition Judge’), filed under Section 18 of the Land Acquisition Act 1894 (hereinafter referred to as ‘the Act’). First Appeal No. 237 of 2013 has been filed by the claimant- appellant for enhancement of compensation amount whereas, the State of Bihar has filed First Appeal No. 106 of 2014 against the said judgment dated 31-05-2013 for excessive value of compensation amount whereby the learned Land Acquisition Judge has awarded compensation for 137 decimals of land and the same shall be multiplied with 2000 per decimals and this calculated amount shall be added by 50% of the entire amount and on this net amount 50% solatium shall be added as per Bihar Bhu Arjan Punha Sthapana Ebam Punarwas Niti, 2007 and on this calculated amount 12% rate of interest shall be payable since the date of acquisition i.e.,15-06-2000 till 14-06-2003. Thereafter, OP shall also be liable to pay the interest on excess compensation as per Section 28 of the Act at the rate of 15% for one year i.e., from the date of award dated 14-06-2003 and for subsequent period he shall pay interest on such excess compensation at the rate of 9% till the date of realization. It is further held that the applicant is also entitled for damages as per Section 5 of the Act for wheat crop standing over the suit land. Both the aforesaid appeals are heard together and are being disposed of by common judgment.

3. The fact of the case is that the Government of Bihar acquired land for construction of a ‘Bandh’ in the District of Katihar, near Ganga-Darjiling Pitch Road. The appellant owned and possessed 3 acre 96 decimals of lands of plot no. 5434 (2 acre 9 decimals) and plot no. 5439 (1 acre 87 decimals), pertaining to khata no. 780 in the village -Barinagar, P.O. Guru Bazar, Block Barari, District Katihar. It is contended that in respect of aforesaid project without any notification for acquisition or proceeding under the Act, 2 acre 20 decimals lands of plot nos. 5434 and 5439 of appellant out of his total lands of aforesaid plots pertaining to khata no. 780, were illegally taken possession by the State on 15 May, 2000 and some time thereafter, the construction work started, which led to filing of CWJC No. 6811 of 2002 by the appellant on 24.06.2002 with the grievance that his lands have been taken over without any land acquisition proceeding and payment of compensation. After filing of aforesaid writ petition, a notification under Section 4 of the Act was published on 28.06.2002 for acquisition of aforesaid lands to justify the illegal taking of possession of the land before the Hon'ble court. This Court thereupon intervened in the matter and took a serious view and by order dated 11.09.2002 (Ext. 5) held that the respondent authorities have illegally taken over possession of appellant's land and completed construction work without following the procedure prescribed under the Act. This Court had found it as a fact that the acquisition is made in ordinary process and special/emergency procedure of Section 17 has not been resorted to and while expressing strong displeasure about such arbitrary action, this Court directed the Collector of the District to complete the land acquisition proceeding and determine the compensation having due regard to Section 23 of the Act and ensure full payment to the appellant within a period of 03 (three) months and further since the possession was taken without following procedure of law which deprived the appellant of his right to file objection in terms of Section 5A of the Act and possession has been illegally taken, it was further directed to pay special damages to the appellant in terms of Sec