BANDMALI BABU Vs. THE STATE OF ORISSA

JUDGEMENT

(1.) THIS is an appeal from the a ward of the Arbitrator of the Hirakud Land Organization, challenging the quantum of compensation allowed to the Appellant in respect of his ryoti lands in village Talpadar which were acquired by Government for the Hirakud Dam Project.

(2.) THE Appellant's lands in village Talpadar were acquired by Government by two notifications viz, (i) Notification No. 11500 L.A. 130/R - dated 26th October, 1948 and, (ii) Notification No. 979 dated the 9th April, 1949. Actual possession was however taken by Government -only on the 25th January 1949 the Orissa Development of Industries, Irrigation, Agriculture, Capital Construction, and Resettlement of Displaced Persons (Land Acquisition) Act, 1943 (Orissa. Act No. XVIII of 1948) - hereinafter referred to as the Act) came into force in what was then known as the Province of Orissa, By virtue of Sub -section (2) of Section 3 and Sub -section (2) of Section 4 of the Act the notification issued under the Land acquisition Act were deemed to be notifications under the Act.

(3.) FOR the purpose of this appeal therefore it may be assumed that the acquisitions were made under the provisions of the Act. Sub -section (1) of Section 5 of the Act says that when a notice of acquisition is served or published under Section 4, the land shall vest absolutely in the Provincial Government free from all encumbrances. It is thus admitted that the lands of the Appellant vested absolutely in the Provincial Government by the 9th April 1949 at the latest Sub -section (2) of Section 5 of the Act enables Government to take possession of the lands which have so vested. Here possession was actually taken sometime later. But the delay in taking possession is not material because the title to the lands passed to the Government absolutely on the dates of notification the later of which was 9th April 1949. This must be considered to be the relevant date for the purpose of ascertaining the law relating to payment of compensation to, the deprived owner (Appellant).