STATE OF ORISSA Vs. CHITRASEN BHOI

JUDGEMENT

(1.) An application i.e. I.A. No. 3 has been filed by the Central Institute of Fresh Water Acqua-Culture (CIFWA), Bhubaneswar under the Indian Council of Agriculture Research (ICAR) for their impleadment as Respondent. Mr. V.K. Rao, learned Counsel appearing for the applicants has submitted that the land in dispute in fact had been acquired for the said applicants, therefore, the applicants be impleaded as parties in this appeal. Learned Counsel appearing on behalf of the non-applicants have no objection in this regard. Consequently, the applicants are impleaded as Respondent Nos. 2 and 3 in this appeal. The I.A. is accordingly allowed and disposed of.

(2.) This appeal has been preferred against the judgment and order of the division Bench of the Orissa High Court dated 23.2.1999 allowing the writ petition filed by the respondent for seeking direction to the Land Acquisition Collector to consider his application under Section 28A of the Land Acquisition Act, 1894 (hereinafter called 'the Act').

(3.) The facts and circumstances giving rise to this appeal, as stated in the petition, are that a huge area of land was notified under Section 4 of the Act in the official Gazette of the State of Orissa dated 1.1.1973 (Annexure-5). The acquisition was sought for establishment of the Central Institute of Fresh Water Acqua-Culture, i.e., a Fish Farm. Declaration under Section 6 of the Act in respect of the said land was made on 9.7.1973 and was published in the official Gazette dated 11.7.1973. The Land Acquisition Collector made award, so far as the land of the present respondent No. 1 is concerned, on 31.7.1975 assessing the market value of the land @ Rs. 2500/- per acre. Respondent No. 1 did not agitate the matter further, however, other persons whose lands stood notified by the same notification under Section 4 and declaration under Section 6 of the Act filed the reference under Section 18 of the Act and the same was decided vide Award dated 5.1.1995 assessing the market value of the land @ Rs. 10,000/- per acre while deciding Misc. Case No. 362/94. The respondent filed application under Section 28A of the Act on 21.3.1995 claiming the same market value for his land. The Land Acquisition Collector vide order dated 11.3.1997 rejected the said application. Being aggrieved the respondent filed the writ petition which has been allowed by the High Court. Hence, this appeal.