STATE OF ORISSA Vs. BRINDABAN SHARMA

JUDGEMENT

(1.) These two appeals under S. 54 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') arise out of two references made under S. 18 of the Act filed by State of Orissa. No cross-objection has been filed by claimant.

(2.) . Lands of claimant were acquired on basis of notification under S. 4(1) of the Act published in the year 1962-63 and possession was taken on 31-3-1963. Declaration under S. 6 of the Act was published in Orissa Gazette Extraordinary No. 169 dated 18-2-1967. Land Acquisition Officer made the award under S. 11 of the Act and offered compensation to the respondent @ Rs. 400/per acre calculating the same on the basis of transactions of similar land in the village on the date of notification under S. 4(1) of the Act as revealed from the award under S. 11 of the Act. Claimant who received compensation under protest sought for a reference to Court to determine market value under S. 18 of the Act since he was demanding higher compensation. On that basis references were made to Court.

(3.) Trial Court is required to determine the market value of the land acquired on the date of publication of notification under S. 4(1) of the Act as provided in the first clause of S. 23 of the Act. In this case, publication of notification under S. 4(1) of the Act was not proved but it was only stated to be in the year 1962-63. It is not disputed that S. 4(1) notification was published in 1962-63. Land Acquisition Officer held that declaration under S. 6 having been published in the year 1967, it would be invalid if it is beyond 3 years of the publication of notification under S. 4(1) of the Act and accordingly, to make the acquisition valid, it treated the publication of notification under S. 4(1) of the Act to have been published in the year 1964. On that basis, it determined the market value of the acquired land at Rs. 400/- per decimal (1 acre = 100 decimals). Aggrieved by the same, these two appeals have been filed. No cross-objection has been filed.