COLLECTOR LAND ACQUISITION Vs. GOUTAM DHARUA

JUDGEMENT

(1.) This appeal has been directed against the judgment dated 27.03.2004 passed by the Learned Civil Judge (Senior Division), Dharmagarh in MJC No. 32 of 2001 which was initiated on the basis of the petition filed by the Respondents claiming higher present compensation Under Section 18 of the Land Acquisition Act.

(2.) The brief facts of the case are that the Government of Orissa by virtue of a Notification dated 12.03.1999 acquired Ac. 3.40 dec. of land of the Respondents for construction of Chahaka Minor Irrigation Projects for which a compensation of Rs. 93,681 was awarded in favour of the claimants, which they received on protest alleging that the compensation was assessed without considering the potentiality & the market value of the acquired land. They, therefore, claimed higher compensation. A reference Under Section 18 was made for which the present MJC was registered before the Learned Civil Judge (Senior Division), Dharmagarh. The Appellant, who was the Opp. Part before the Learned Court below denying the allegations made by the claimants contended that the market value of the land in question was assessed properly by taking into account the sale transactions made in nearby village, Nuagaon for the year 1997. On consideration of the evidence on record, the Learned Trial Court came to the conclusion that the land in question was agricultural land on which cotton crops was being grown, the average yield from which towards profit cannot be less than Rs. 4000 to Rs. 5000 per acre. Thus applying 16 years multiplier the Learned Court below fixed the value of the land at Rs. 80,000 per acre & directed the same to be paid to the claimant-Respondents along with solatium, interest & other statutory benefits as provided under the Land Acquisition Act.

(3.) It is contended by the Learned Additional Standing Counsel appearing on behalf of the Appellant that the annual yield & income determined by the Learned Civil Judge, though may not be improper, yet the fixation of valuation of the land by applying 16 multiplier is legally unsustainable in view of the decision of the Apex Court in the case of State of Haryana v. Gurcharan Singh reported in, 1996 AIR(SC) 109. It is his further submission that as found by the Learned Trial Court, the similar land of another adjacent land owner which was acquired under the vary same Notification for the very same purpose was valued at Rs. 64,000 per acre by the Learned Trial Court vide judgment (Ext. 2) passed in MJC No. 31 of 2001 & therefore, the Learned Court below should not have assessed the value at Rs. 80,000 per acre in the present case.