LAND ACQUISITION COLLECTOR CUTTACK Vs. UMA BAGHAT

JUDGEMENT

(1.) Award dated 21/4/1994 in Land Acquisition Case No. 2 of 1992 of the Civil Judge (Sr. Division), First Court, Cuttack is under challenge in this appeal preferred under Section 54 of the Land Acquisition Act, 1894 (in short the 'Act') by the Land Acquisition Collector, Cuttack.

(2.) The relevant facts may be stated briefly. Ac 0.039 decimals of land was acquired from the possession of the respondents, of whom as per the compromise amongst them, respondent Uma Bhagat was allowed to receive and appropriate entire compensation amount. The acquired land consisted of Ac.0.018 decimals of homestead land and Ac.0.021 decimals of 'Rasta category of land. Admittedly, the said land situates in Tulsipur Mouza within the Municipal limits of the Cuttack town and that land was acquired for construction of drain by the Muncipal Corporation The Land Acquisition Officer on the basis of the sale statistics vide Ext A and the valuation statement Ext.B, determined the compensation @ Rs. 7,50,000/- per acre for the homestead land and @ Rs. 5,50,000/- per acre for the 'Rasta' category land. Accordingly, total compensation of Rs. 64,566/- was determined which included the interest and solatium etc. Respondent No. 1 received the same on protest and claimed for higher compensation @ rupees one lakh per Guntha i. e. Rs. 25,00,000/- per acre. That necessitated the appellant to make the statutory reference in accordance with the provision in Section 18 of the Act. That reference was registered as Land Acquisition Case No. 2 of 1992, in the Court of Civil Judge (Sr. Division), First Court, Cuttack.

(3.) During the course of inquiry, the claimant/respondent No. 1 examined herself as the solitary witness and relied upon certified copy of registered sale deed dated 26/12/1988 (Ext. 1) in support of her claim for enhancement of compensation. Appellant examined the Amin in its office as the solitary witness and relied upon certified copy of the registered sale deed dated 20th February, 1987 marked Ext A and the valuation statement marked Ext.B.