SPECIAL LAND ACQUISITION OFFICER Vs. SADASIVA SAHU

JUDGEMENT

(1.) ON a reference Under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act') from the Appellant learned Civil Judge (Sr. Division), Bhawanipatna in M.J. C. No. 91 of 1996 made an award fixing the valuation at the rate of Rs. 40,000/ - per acre for the purpose of fixing the quantum of compensation relating to the land of the Petitioner/Respondent acquired for the purpose of construction of Lanjigarh Road -Junagarh Rail Link Project.

(2.) THE admitted fact leading of the dispute is that for the aforesaid project, on the basis of Notification No. 12856/R dated 18 -3 -1994 Under Section 4(1) of the Act the Railways Department acquired Ac.1.63 of land of the Petitioner/Respondent. That land was situated at village Bhejipadar which is at a distance of about 4 K.M. from Bhawanipatna town in the district of Kalahandi. The Appellant assessed and awarded a compensation of Rs. 27,470.22 on fixing the rate at Rs. 17,273/ - per acre for Bahal land, Rs. 16,500/ - per acre for Berna and Adi lands, Rs. 15,000/ - per acre for Mala land and Rs. 10,000/ - per acre for Ata land. The Petitioner/Respondent raised objection to the quantum of compensation awarded and the tats per acre fixed thereon. He advanced the claim that the acquired land being situated adjoining to village Paramanandapur which has merged with Bhawanipatna Municipality area and having a greater potential and market value the local market price of the land was not less than Rs. 4 lakhs by the date of acquisition.

(3.) ON assessment of the aforesaid evidence the learned Civil Judge (Sr. Division) assessed and fixed the valuation at Rs. 40,000/ -. per acre with respect to the acquired land of the Petitioner/Respondent and passed the impugned award accordingly.