By Court Being aggrieved and dissatisfied by the common judgment and Award dated 02.02.2006, passed by the learned Special Land Acquisition Judge, Koderma in 753 Land Reference cases, the appellants who are land losers on account of Kesho Jalashay Project have preferred present group of appeals for enhancement of rate of compensation and for payment of the enhanced rate under the provisions of the Land Acquisition Act, 1894.

2. The brief facts of the case are as under: -

The land in question was acquired for construction of a dam under the Kesho Jalashay Project. The land was acquired from 11 villages in Markachho block in Hazaribagh district (presently in Koderma district). Altogether about 721 acres of land belonging to villages 'Katahi', 'Bhagtiyadih', 'Kari Khokho', 'Pasiyadih', 'Masmohna', 'Paranwa tand', 'Tikkopara', 'Kaila khandhar', 'Nimadih', 'Kundidhanwar' and 'Bachhedih' have been acquired. The acquisition took place in the year 1987-88 by following due process of law under the Land Acquisition Act and thereafter, Reference cases were filed by the villagers of different villages. One set of reference cases being L.R No.68 to 122 of 1990 in respect of land under Mouza-Bachhedih were decided on 03.09.1991. Being aggrieved by the said decision, the first appeals were preferred before this Court and after considering the facts and circumstances involved in those group of First Appeals, the Judgment and Award passed by the learned Special Land Acquisition Judge, was ordered to be set aside and the matter was remanded to decide afresh in accordance with law from initial stage after giving an opportunity for furnishing detailed statement by both the parties. It appears that another batch of Reference cases were disposed of by another judgment dated 02.12.1992, against which first appeals were filed in this Court and they were heard and decided on 03.12.2003, whereby this Court has remanded all the cases for fresh decisions. This Court also directed the learned court below for clubbing all the pending reference cases in respect of Kesho Jalashay Project. Accordingly, the learned court below dealt with and decided the Land Reference cases arising out of Kesho Jalashay Project and by an order dt.02-02-2006 modified an award by adding 25% of the total amount determined against each award. Being aggrieved and dissatisfied by the aforesaid judgment and Award, the land losers of Kesho Jalashay Project, preferred the present group of first appeals.

3. The learned counsel for the appellants submitted that the learned court below failed to appreciate the oral as well as documentary evidence on record and thereby failed to give adequate compensation in respect of the land in question, though the land in question was having good facility of irrigation and capable of taking three crops in a year. It is further submitted that the learned court below has also not properly taken into consideration the various factors, such as, the location of the land in question, which is adjacent to the State Highway, Railway Station and the other factors, such as the educational and commercial activities in the nearby areas. It is further submitted that the learned court below has also not properly considered the fact that the Kesho Jalashay Project and the Panchkhero Jalashay Project were at the distance of about 10 kms. within the same block and having the similar quality of land. The purpose of acquisition was also the same. It is further submitted that the notification for acquisition of land in respect of Kesho Jalashay Project and Panchkhero Jalashay Project were also of the nearby period and not having a gap of more than one year. It is further submitted that the learned court below has also not properly considered the judgment delivered by this Court, wherein, compensation at the rate of Rs.660/- per decimal was determined by this Court after careful consideration of the facts and circumstances involved in the matter. It is further submitt