AKULA GARANAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) CHALLENGE has been made in this writ petition to the order dated19.12.2008 passed by the Zone Officer, Land Acquisition & Resettlement andRehabilitation Officer, Rengali Multipurpose Project, Deogarh in LA Case No.961 of2006.

(2.) IN pursuance of the notification under Section 4(1) of the Land Acquisition Act (inshort, "the Act") published in the year 1978, the entire village of Badaludunga ofPallahara Block including the residential houses of the petitioners was submerged in theRengali Dam Project. Applying multiplier theory, the Land Acquisition Officer, Deogarh,fixed the compensation for the acquired land as follows: "KISSAM RATE Sarad-I Rs.4,500/- per acre Homestead Rs.4,500/- per acre Sarad-II Rs.3,800/- per acre Sarad-III Rs.3,300/- per acre Goda-I Rs.2,500/- per acre Goda-II Rs.2,000/- per acre" Being aggrieved by the said award, some of the villagers filed applications underSection 18 of the Act to refer the matter to the Court. The learned Civil Judge (SeniorDivision), Deogarh in L.A Misc. Case No.25 of 1991 enhanced the rate of compensationat the rate of Rs.22,400/- per acre, in LA Misc. Case No.87 of 1991 at the rate ofRs.21,000/- per acre and in LA Misc. Case No.9 of 1992 at the rate of Rs.20,000/- peracre. Even though the present petitioners could not file applications under Section 18 ofthe Act to refer the matter to the civil court, after the court enhanced the awardedamount they filed applications under Section 28-A(1) of the Act within the stipulated timefor enhancement of the award. The civil court also enhanced the awarded amount on17.4.1995 in another case, i.e., LA Misc. Case No.3 of 1994. Being aggrieved by thesaid award, the State Government filed FA No.187 of 1995 before this Court which wasdisposed of on 19.6.2000.