HIRANMAYEE DEVI ALIAS HIRANMAYEE Vs. STATE OF ORISSA

JUDGEMENT

(1.) AWARD dated 6th March, 1993 in L.A.Misc Case No. 15 of 1986 of the Court of Subordinate Judge, Baripada is under challenge at the instance of the claimant.

(2.) AN area of Ac. 1.04 decimals vide plot Nos. 3731/1 and 3955/1 was acquired from the possession of the claimant under declaration No. 23943 dated 11.4.1983 published in Orissa Gazette No. 636 dated 31.5.1983. That land was acquired for construction of Budhabalanga Bridge and its approach on MOR No. 5 at Baripada. Since the land situates within the Municipal area i.e. in Ward No. VIII of Baripada Muncipality, the Land Acquisition Officer/Respondent assessed and determined the market price of the said land at the rate of Rs. 45,000/ - per acre i.e. Rs. 450/ -per decimals and along with other statutory benefits determined the total compensation at Rs. 53,820/ -. Appellant received the same on protest and claimed for higher valuation at the rate of Rs. 1,50,000/ - per acre and that necessitated the respondent to make the statutory reference under Section 18 of the Land Acquisition Act, 1894 (in short the 'Act').

(3.) LEANRED Subordinate Judge on assessment of such evidence recorded the findings that the acquired land being in a low lying area and during rainy season submerged by flood, water, even if it situates within the Municipal limit, the value determined by the respondent at the rate of Rs. 450/ - pr decimal is good enough and the claimant cannot get the minimum expectation at the rate of Rs. 700/ - per decimal which was the market price as per Ext. 4. He answered the reference accordingly by way of confirming the award passed by the respondent.