RAJKISHOR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) CLAIMANT is the Appellant in this appeal under Section 54 of the Land Acquisition Act (hereinafter referred to as 'the Act') against an award in a reference under Section 18 of the Act.

(2.) ON 26 -3 -1985, Notification under Section 4(1) of the Act was published for acquisition of land in revenue village Nayapalli in New Capital within Bhubaneswar Municipality for extension of "Bidyut Marg" in New -capital. On that basis, 120 decimals (1 acre = 1000 decimals) of land of the claimant was acquired. Land Acquisition Collector offered compensation for the acquired land at the rate of rupees one lakh per acre. Claimant protested against the low valuation demanding compensation for the land at the rate of rupees ten lakhs per acre. He also demanded rupees two lakhs for the building over the land, Rs. 35,000/ - on account of fragmentation making the remaining 65 decimals useless and one lakh rupees for the potential value of the land. At his instance, reference was made to the Court under Section 18 of the Act.

(3.) TRIAL Court on consideration of the materials on record held that market value of the land per acre would be at Rs. 1,66,000/ - per acre. Be did not award as compensation for potential value or for fragmentation. As regards building, trial Court held that the same having been constructed without permission and in violation of the Municipal laws, claimant is not entitled to any compensation. Aggrieved by the same, claimant has preferred this appeal. No cross -objection has been filed by the Land Acquisition Collector.