LAND ACQUISITION ZONE OFFICER Vs. DAMBERUDHAR PRADHAN

JUDGEMENT

(1.) This is an appeal u/S. 54 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') on behalf of the State Government. No cross-objection has been filed by claimants.

(2.) On basis of notification u/ S.4(1) of the Act published in the year 1984, land of different categories in various villages of various owners were acquired for Sambalpur-Talchar Rail Link. Two acres 44 decimals of cultivable agricultural land belonging to the claimants in village Badsar were acquired compulsorily. In near past, land in the nearby villages were acquired for National Alluminium Company. Rates of various categories of land were fixed by the Land Acquisition Collector for purpose of compensation accordingly. Land Acquisition Collector awarded compensation determining market value of land acquired at Rs. 31,340/- and for trees Rs. 60/-. Claimants received the compensation awarded u/ S.11 of the Act under protest claiming higher compensation and desired a reference to Court u/S.18 of the Act for determination of classification of the land and its market value. In the petition they asserted that rate would not be less than Rs. 3,000/- per gunth. (1 acre 25 gunths = 100 decimals).

(3.) Claimants examined only two witnesses in support of their claim for higher compensation. No document was filed. In absence of any other material trial court adopted capitalisation method and determined the net annual yield on the basis of which it adopted multiple of 20 years purchase value of net annual yield and determined the market value. This is grievance of appellant.