ORDER :

1. Heard counsel for the parties.

2. This first appeal under Section 54 of the Land Acquisition Act, 1894, has been filed by the land loosers against the judgment and award passed in a reference under Section 18 of the Land Acquisition Act, 1894, praying for higher compensation.

3. Land in Thana No.214, Village Namkum, Khata Nos.35 and 33, were acquired by the State for the purpose of construction of an over-bridge. 38 decimals of land of plot No.245, Khata No.35 was acquired, which was Don II land. In respect of khata No.33, land in five plots were acquired, those are plot No.247 area 24.336 kathas, plot No.248 area 00.375 kathas, plot No.249 area 7.91 kathas, plot No.251 area 1.95 kathas and plot No.253 area 57.736 kathas. Nature of the land is Don II, parti, Tanr I. The total acquisition is thus an area of 1.89 acres. Notification is dated 20.03.2007, which was published in the gazette on 26.05.2007. Two awards were prepared – one award in respect of Khata No.35 and another in respect of plots involved in khata No.33. The lands were valued at Rs.5,50,475/-for the first award and for the second award valuation was Rs.37,51,075/-. For the total area of land measuring 1.89 acres, Rs.43,01,550/-was the land value assessed by the State, which comes to Rs.22,759/-per decimal at a flat rate irrespective of the classification of the lands.

4. As the land loosers had objected to the said valuation and the amount of compensation, they opposed. The Collector then made a reference in terms of Section 18 of the Land Acquisition Act, 1894 to determine the market price of the acquired land. Land Reference Case No.5 of 2008 was registered, which is Land Acquisition Case No.21 of 2006-07.

5. Claimants claimed that the valuation is absolutely low and unreasonable. They submit that the rate could not have been less than Rs.2,00,000/-per katha, i.e., Rs.1,30,000/-per decimal. It is submitted that the land is just next to the two National Highways and there is a long distance railway line near by the said lands. It is submitted that the lands are very near to the Ranchi Railway Junction and Namkum Railway Station and are very near to the Ranchi Municipal area. He submits that there are number of big shops near the lands acquired, thus, much higher amount would be the land value. In support of their claim, claimants have exhibited some documents, which are as under:

Exhibit 1 : Certified copy of khatian of Khata No.33 and 34

Exhibit 1/A : Certified copy of Khatiyan of Khata No.35

Exhibit 2 : Original Municipal receipt of Ward No.22/49 dated 29.10.2008 Mark ‘X’ Xerox copy of valuation chart

Exhibit 3 : Original Map of Mouza Namkum, P.S. Ranchi.

Exhibit 4 : Rate report sent by L.A.O., Ranchi.

Exhibit 5 : Certified copy of sale deed No.18390 dated 23.12.2008

6. Two witnesses were examined on behalf of the claimants.

C.W.1 is the claimant himself. He deposed that he is Khatiyani Railyat and after the death of his father, he has acquired the said lands by inheritance.

He stated that the lands have been acquired, but, prevalent market rate has not been fixed while assessing and determining the compensation. He stated that Ranchi town is very nearby. He deposed that Ranchi-Purulia Road and Ranchi-Tata Road is just next to the lands acquired. He deposed that Namkum and Ranchi Railway Stations are also very near to the lands acquired. There are several residential buildings, army camp, Markets, Schools, Hospital nearby. He stated that due to the development, the rate of land in Ranchi town is Rs.8,00,000/-per decimal.

C.W.2 is Lilar Sahu. He is resident of Village Dibadih, P.S. Doranda, Ranchi. He supported the evidence of C.W.1 He submitted that lands were fertile with a yield of 50-60 mans of paddy. He stated that not only paddy, but potatos were also grown. He stated that He did not have perfect knowledge about the current market value of the lands.

7. No witnesses nor any documentary evidence was adduced on behalf of the State.

8. The Court below, consideri