COLLECTOR CUTTACK Vs. PADMA CHARAN PANI

JUDGEMENT

(1.) THE State is the appellant against an award dated 8-12-1966 passed by the special Officer at Cuttack performing the functions of a court on a reference under section 18 of the Land Acquisition Act 1 of 1894 (hereinafter to be referred to as the Act ).

(2.) A 3. 96-6 1/4 kadis of land was acquired in village Bhitargarh. The Land acquisition Officer awarded a total compensation of Rs. 1,452. 39. though respondents claimed compensation at the rate of Rs. 5,000/- per acre towards the value of the acquired land, besides Rs. 15,000/-towards the loss of income from fishing and compensation for the house alleged to have existed on the acquired land. As the respondents raised objection to the adequacy of compensation fixed by the Land Acquisition Officer, a reference under Section 18 of the Act was made.

(3.) THE court below enhanced the amount of compensation to Rs. 5,933. 42 fixing the market value of the acquired land at Rs. 1. 200/- per acre, the value of the house at Rs. 400/- and additional compensation by way of solatium at Rupees 773. 92. It disallowed the claim of the respondents for compensation regarding tank and embankment as well as income from alleged fishing as the first two items were not specifically claimed in the objection petition and the last item was not accepted. There being no cross-appeal or cross-objection, so far as these three items are concerned, the order has become conclusive and consideration in the present appeal is confined only to the value of the land and the house. Deducting the amount already received by the respondents, the court below held that they are entitled to the balance compensation of Rs. 4,481. 03.