The main legal point established in the judgment is the application of principles for the assessment of fair compensation in land acquisition cases, including the determination of market value and permissible deduction towards development cost.

JUDGMENT :

Heard learned counsel for the parties.

2. All the above appeals arising out of common Judgment/Award, hence they are being taken together for hearing and disposal simultaneously. The appellants have preferred present appeals under Section 54 of the land acquisition Act, 1894 for setting aside the judgment dated 22nd December, 2017 in land acquisition reference case nos. 14/15, 15/15 & 16/15.

Background of these cases

3. The State Government through Special Land Acquisition Officer, Tenughat Project, Hazaribagh, vide mutation no. 24/2010-11 initiated proceeding for acquisition of land falling under village Gorhand, P.S. Dhanwar, District-Giridih appertaining to different khatas and plots admeasuring total 4.75 areas for construction of Panchkhero Jalashay Project. These awards prepared in the name of claimants by the special land acquisition officer, Tenughat Project, District Hazaribagh are being shown in the tabular chart as under:-

The beneficiary have received the above awarded amount under protest, accordingly matter was referred to competent court for settlement of compensation amount.

In order to substantiate their case for enhancement of compensation amount the appellants have examined altogether four oral witnesses and also adduced following documentary evidence.

Exhibit 1 certified copy of sale deed no. 1949, dated 19.05.2011,

exhibit 1(a) certified copy of sale deed no. 2065, dated 23.05.2011

exhibit 1(b) certified copy of sale deed no. 2508 dated 14.06.2011,

exhibit 1(c) certified copy of sale deed no. 3864 dated 25.05.2011,

exhibit 1(d) certified copy of sale deed no. 300 dated 25.01.2012,

exhibit 1(e) certified copy of sale deed no. 673 dated 17.04.2012,

4. On behalf of State/opposite party also two oral witnesses were examined and following documents were adduced in favours:

Exhibit (A) Attested photocopy of order sheet

Exhibit (B) Attested photocopy of Collector award

Exhibit (C) Attested photocopy of valuation khatiyan

Exhibit (D) Attested photocopy of letter no.338/210, dated 08/04/2011 of Revenue Department Jharkhand, Ranchi

Exhibit (E) Attested photocopy of estimate

Exhibit (F) Attested photocopy of rate report

Exhibit (G) Attested photocopy of sale chart

5. The learned court below after analyzing and scanning the oral as well as documentary evince adduced in the land acquisition reference case and also taking into consideration the various guidelines propounded by Hon’ble Apex Court in the matter of determination of compensation amount in cases of land acquisition, such as:-Union of India v. Pramod Gupta (D) by LRs & Ors reported in AIR 2005 SC 3708, Maj. Gen. Kapil Mehra vs Union of India (UOI) reported in 2015(2) JLJR 237 S.C. & Haridwar Development Authority vs. Raghubir Singh & Ors. reported in (2010)11 SCC 581 arrived at conclusion that the verge of said 5 sale deeds (exhibit (1) series) comes to Rs. 31,000/-per decimal. It was also observed that as per guidelines through Government letter exhibit (D), if the land is taken for the purpose of project and is of same nature then the flat rate should be given to the awardees. As a matter of caution, the learned court below while deciding the market value of the acquired land has held at para 25 and 26 of the judgment as under:-

25……… According to the reference itself in column 8 it is indicated that the land acquisition officer has given the compensation of the land acquired on the basis of prescribed rate of State Government, whereas in all prob