LAND ACQUISITION OFFICER Vs. ABALA BISWAL

JUDGEMENT

(1.) THIS appeal under Section 54 of the Land Acquisition Act (hereinafter referred to as the 'Act' is directed against the award of the Civil Judge (Senior Division), Talcher, In L.A.Misc No. 3 of 1994.

(2.) LAND was acquired for the construction of Rengali Irrigation Project as per the notification published in the year 1978. The Land Acquisition Collector had fixed compensation at the rates of Rs. 4,500/ -per acre in respect of Sarad -I land and homestead land; Rs. 3,800/ - per acre in respect of Sarad -II land; Rs. 3,300/ - per acre in respect of Sarad - III land; Rs. 2,500/ - per acre in respect of Goda -I land and Rs.2.000/ - per acre in respect of Goda -II land. In a reference under Section 18 of the Act, the Civil Judge (Senior Division) has fixed compensation at the rate of Rs. 11.000/ - per acre in respect of Sarad -1 land; Rs. 10,000/ - per acre in respect of Sarad -II land; Rs. 8,000/ - per acre in respect of Sarad -III land; Rs. 6,000/ - per acre in respect of Goda -I land; Rs.5,000/ - per acre in respect of Goda -II land and Rs. 15,000/ - per acre in respect of Gharabari land. The trial Court also directed that the claimants are entitled to get statutory benefits as envisaged in the Act as amended by Act 68 o 1984. The aforesaid award is being challenged by the State.

(3.) THE trial Court has directed that the benefits under the Amendment Act 68 of 1984 should be paid to the claimants. The Notification was of the year 1978. However, the matter was pending before the Civil Judge when the Amendment Act came into force. Keeping in view the decisions of the Supreme Court on the aspect, the claimants shall be entitled to Solatium at the rate of 30 per cent. However, the claimants shall not to be entitled to the benefits under Section 23(1A) and the benefit of higher interest as contemplated in the amended Act. The contention of the counsel for the State to this extent is to be accepted.