STATE OF ORISSA Vs. SATYABADI PANDA

JUDGEMENT

(1.) THESE appeals have been filed by the State of Orissa against the decision of the Arbitrator, Hirakud Land Organization, Sambalpur, awarding certain specified sums as compensation to the various respondents whose lands were acquired is connection with the Hirakud Dam Project. The acquisition was made under the provisions of the Orissa (Development of Industries, Irrigation Agriculture Capital Construction and Resettlement of Displaced Persons) Land Acquisition Act, 1948 (Orissa Act No. 18 of 1948) (hereinafter referred to as the Act) which provided for the speedy acquisition of lands for the Hirakud Dam Project and some other specified projects. Section 7 of the Act dealt with the method of determining the compensation payable to the owners of lands so acquired. If the parties did not reach an agreement as to the amount of compensation payable, that section required that a reference of the dispute may be made to an arbitrator to be appointed by the State Government. Clause (e) of Sub-Section (1) of Sec. 7 of the Act may be quoted :

(2.) THE learned Advocate-General, appearing on behalf of the State of Orissa, urged that we were not bound to follow the aforesaid Division Bench decision of this Court because after the delivery of that judgment on the 17th March 1955, Parliament, by the Constitution (Fourth Amendment) Act of 1955 amended clause (2) of Article 31 of the Constitution. According to him this constitutional amendment had the effect of removing the unconstitutionality attaching to the first proviso to clause (e) of Section 7(1) of the Act and that, consequently the decision in (S) AIR 1955 Orissa 97 would no longer be binding on its. All these appeals involve the same constitutional question and they were heard analogously and will be disposed of in one judgment.