COLLECTOR Vs. BRAHMANANDA NAIK

JUDGEMENT

(1.) THE Collector of Cuttack is in appeal against the determination of compensation, upon a reference under Section 18 of the Land Acquisition Act, by the learned subordinate Judge. Jaipur.

(2.) 1. 91 acres of agricultural land were notified under Section 4 of the Land acquisition Act of 1894 (hereinafter referred to as the Act) for acquisition on 3-71962. The Land Acquisition Officer awarded compensation of Rs. 1910/- for the land apart from solatium under Section 23 (2) of the Act and damages of Rs. 188/ -. The claimants were not satisfied with the amount of compensation and the dispute was referred to the Court. The learned Subordinate Judge has determined the compensation at Rs. 1750/-per acre. He has sustained the award of damage.

(3.) IN appeal two contentions are raised. Firstly it is stated that the valuation determined by the court is excessive. It is next contended that no interest is payable under the provisions of Section 28 of the Act on the solatium.