JAYA CHANDRA MOHAPATRA Vs. LAND ACQUITION OFFICER

JUDGEMENT

(1.) Leave granted.

(2.) State of Orissa issued a notification purported to be under Section 4(1) of the Land Acquisition Act, 1894 (for short the Act) on or about 10-12-1980 pursuant whereto or in furtherance whereof inter alia the lands belonging to the Appellant herein were acquired. An award in respect of the said acquisition was passed on 13-9-1981 and possession of the land was taken by the State on 15-9-1981. Being aggrieved by and dissatisfied with the quantum of compensation specified in the Award the Appellant herein filed an application for enhancement thereof in terms of Section 26 of the Act which was referred to Civil Court by the Collector on 5-12-1989. Although the amount of compensation as regard the value of the land was enhanced by an order dated 27-11-1990 by the Reference Court but the other statutory benefits in respect thereof as contemplated under Sections 23(1A), 23(2) and 28 of the Act were not granted. An appeal against the said order by the State was dismissed by the High Court. The Appellant filed an application for enhancement of payment of solatium @ 30% being MJC No.43/89 which was allowed by an order dated 21-12-1990.

(3.) The Appellant filed an application for amendment for grant of benefit under Section 28 of the Act which was allowed by the Reference Court in terms of an order dated 30th July, 1993. On the same day, the Appellant herein filed another application purported to be under Section 151 read with Section 152 of the Code of Civil Procedure as also Order 47, Rule 1 thereof for review of the judgment and decree as also for necessary clarification therein as regard non-awarding of benefits under Sections 23(1A) and 23(2) of the Act. The said application was opposed by the Respondent herein. The Civil Judge (Sr. Division), Gunupur by reason of a judgment and order dated 8-10-1996 upon consideration of the contentions raised by the parties in details as also the relevant provisions of the Act held :