ORDER :

1. Heard, Mr. Amit Kumar Das, learned counsel appearing for the appellants and Mr. Swami Dayanand, learned counsel appearing for the respondents.

2. These First Appeals have been filed against the common judgment dated 22.04.2008 and award dated 07.05.2008 passed by learned Sub-Judge-II-cum-Land Acquisition, Hazaribagh, in L.R. Case No. 95 of 1993 [in F.A. Case No. 144 of 2008] and L.R. Case No. 97 of 1993 [in F.A. Case No. 145 of 2008] and L.R. Case No. 98 of 1993 [in F.A. Case No. 147 of 2008] all arising out of L.A. Case No.21/1985-86.

3. The brief facts of the case is that the respondents/petitioners are the raiyats of Village Kuju, P.S.-Mandu, District-Hazaribagh. The Government Authority has acquired the land of the raiyats for benefit of Central Coalfields Limited. It was stated in the objection petitions that the acquired lands are surrounded by collieries and factories. There were so many collieries near the acquired lands before acquisition. The acquired land is nearer to market Kuju where there are Cinema Halls, Schools, Colleges, Hospitals etc. It has further been stated that the area of Kuju is with facility of electricity and water supply and in that locality at the time of acquisition the rate of land was Rs.10,000/- per decimal. Earlier, the acquired lands were being irrigated and the raiyats were growing up crops. But the character of acquired lands have been changed due to industrialization. In spite of that, the State Authority has not considered the above said facts, while determining the compensation amount that has been fixed at lower rate which was contended to be enhanced. It was prayed that the amount of compensation be fixed on enhanced rate.

4. A proposal for acquisition of 18 acres of land have been referred before the Government by Central Coalfields Ltd. in Village Kuju. After measurement, the Government Authority has acquired 7.02 acres of land in Village-Kuju for which, a notification was made vide notification No.21/88 and 2273 dated 23.06.88. Later on, declaration No. L.A., Haza-55/89-49 dated 11.01.1990 was also made. The Government Authority during verification of land has classified the acquired land into four categories like Dhan-I, Dhan-II, Tanr-III and Rasta. They have also collected several registered deeds executed in the year 1987-88. The Government Authority has assessed the compensation amount on the basis of a registered deed of sale executed in the year 1987, which has been mentioned at serial no. 12 of Ext.-B. However, though the acquired land has been classified in four categories but a flat rate was given to the awards which is at the rate of Rs.216.22/- per decimal. Aggrieved with that, objection was raised under Section 18 of the Land Acquisition Act and in pursuance of the same reference was made before the competent authority which was registered as L.R. Case No. 95/93 and 99/93.

5. On behalf of the Deputy Commissioner, Hazaribag only a declaration has been filed by the O.P. No. 2. while the appellant has filed show-cause before the court below. The appellant has stated that the acquired land is situated far away from National Highway-33 and surrounded by dense forest, which is hilly valley and undulated land, not fit for construction of houses. All the collieries are 10 to 15 Kilometers far from the acquired land. At the time of acquisition there was no market in Village Kuju and no facilities like electricity and water supply was available at that time as well as Cinema Hall and Colleges were also not available in that area. The real fact is that Kuju, where the land has been acquired is a small village of Mandu Block and hence, the respondents are quite wrong stating that the locality was developed one. After considering the entire facts, the State Authority has determined the rate of compensation correctly.

6. On the basis of above facts and pleadings of the ca