STATE OF ORISSA Vs. RAJAKISHORE DAS

JUDGEMENT

(1.) - Leave granted.

(2.) Though the respondent has been served, he does not appear either in person or through counsel. This appeal by special leave arises from the order dated 1-3-1990 made by the High Court of Orissa in First Appeal No. 252/87.

(3.) The notification under Section 4(1) of the Land Acquisition Act, 1894 was published in the Gazette on 25-3-1985 acquiring about 120 decimals of land for extension of Vidyut Marg in Bhubaneshar Municipality. The Land Acquisition Officer passed his award under Section 11 on 7-10-1985 awarding total compensation of a sum of Rs. 1 lakh. Dissatisfied therewith, the respondent sought for reference and also demanded Rs. 2 lakhs for the building constructed thereon. The reference Court by judgment and decree dated 19-8-1987 awarded compensation @ Rs. 1,66,000/-per acre other statutory benefits. On further appeal, the High Court enhanced the compensation in respect of the building from Rs. 10.000/- to Rs. 1 lakh. Feeling aggrieved with the enhanced compensation in respect of the building, this appeal by Special leave has been filed.