COLLECTOR OF PURI Vs. HRUSHIKESH MITRA

JUDGEMENT

(1.) THIS is an appeal by the Collector of Puri against the judgment of the District Judge, Ganjam-Nayagarh, directing payment of compensation to the respondent at a certain rate; in respect of 1.44 acres of land in Purl town which was acquired by the Collector for the construction of the Fire Station at Puri.

(2.) THE said piece of land was originally requisitioned under Rule 75-A of the Defence of India Rules and possession was actually taken on the 6th January 1945. Section 19 of the Defence of India Act contains detailed provisions for payment of compensation when property is requisitioned under the Defence of India Rules. But for some reason or other (which is not clear from the record), neither the Collector nor the previous owners (respondents) cared to get the compensation fixed for the requisitioned property, under the aforesaid Section of the Defence of India Act. But the property admittedly remained in the possession of the Collector of Puri and it was eventually decided to acquire the same under the provisions of the Land Acquisition Act. Accordingly, the notification under Sec. 4(1) of the Land Acquisition Act was published in the Gazette on 21st February, 1947 and the Land Acquisition Officer, after giving the usual notice, fixed the compensation payable for the plot, at Rs. 6500/- per year. He added Rs. 100/- for the tank that was there and after fixing additional compensation at 15 per cent for compulsory acquisition, he further directed that interest should be paid at 6 per cent per annum, from the date on which possession was taken under the Rule 75-A of the Defence of India Rules, namely the 6th January 1945. THE total amount awarded by him, in accordance with the aforesaid calculation was Rs. 19,360/-. THE respondents, however, claimed compensation at Rs. 20,000/- per acre and as directed by him a reference was made to the District Judge under Sec. 18(1) of the Land Acquisition Act.