CHATURBHUJA MODI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 12.09.2002 passed by the High Court of Orissa at Cuttack. The appellant and the State filed three appeals before the High Court against the judgment and order dated 16.04.1998 passed by the learned Civil Judge (Senior Division), First Court, Cuttack in L.A. Case No. 3 of 1995. The said appeal arose out of a land acquisition proceeding pertaining to the land of the appellants - claimants herein.

(2.) A notification under Section 4(1) of the Land Acquisition Act was published on 09.12.1982, proposing to acquire land of the appellants measuring 2.429 acres covered under Khata No. 581 of Mouza - Bahar Bisinabar for construction of additional building, office, garage and staff quarters of Orissa State Financial Corporation, Cuttack. The Land Acquisition Officer assessed the market value of the land at the rate of Rs. 75,000/- per acre. The appellants - claimants sought for a reference to the learned Civil Judge as envisaged under Section 18 of the Land Acquisition Act, and the Ld. Judge after receiving evidence adduced by the parties, enhanced the compensation to Rs. 1,50,000/- per acre. The appellants - claimants being dissatisfied with the aforesaid determination of compensation, filed an appeal before the High Court, claiming a higher compensation at the rate of Rs. 12, 50,000/- per acre. After appreciation of the evidence available on record and relying primarily on the sale consideration in Exhibit 1, dated 06.10.1982, the High Court enhanced the compensation for the acquired land to Rs. 3,00,000/- per acre and also held that the appellants should be entitled to other statutory benefits as available under the Act.

(3.) The appellants, still aggrieved, filed the present special leave petition in this Court in which leave was granted after which the appeal is listed for hearing. We took up the appeal for hearing during the course of which we heard learned Counsel appearing for the parties who have painstakingly taken us through the evidence on record in support of their contentions.