SAILABALA PRADHAN Vs. LAND ACQUISITION ZONE OFFICER

JUDGEMENT

(1.) THIS is an appeal under Section 54 of the Land Acquisition Act filed by one Sailabala Pradhan challenging the judgment and order passed by the learned Civil Judge, Senior Division, Angul in a Land Acquisition Misc. Case No. 144 of 1993 rejecting the appellant's prayer for higher compensation.

(2.) THE appellant and respondents 2 to 13 were the owners of Ac. 08.14 decimals of land of village Luhamunda. Those lands were acquired by Notification No. 469 dated 27.3.1989 for construction of Talcher -Sambalpur Train line. The compensation amount was determined by the Land Acquisition Collector. But the appellant and respondents 2 to 13 questioned the award on the ground of inadequate compensation, Therefore, the matter was referred to the Civil Court for determining the compensation. Although, thematter was referred on 6.5.1993, but neither party took effective steps in the Referral Court, as a result of which the learned Judge did not find any other way than to dismiss the appellant's prayer for higher compensation. Therefore, the appellant has questioned the propriety of the said order.

(3.) MISS Mohapatra, the learned counsel appearing for the appellant has fervently pleaded that the appellant is a poor lady, and could not know the consequence of non -examining the witness in the case as well as her lawyer abstained from taking any steps required for disposal of the case. It is further submitted that same variety of land was acquired in which the compensation amount was fixed at Rs. 28,000/ - per acre by the Referral Court in Land Acquisition Misc. Case No. 144 of 1993. In that view of the matter, how the learned Referral Court adopted a different standard while determining the compensation of the land of the appellant. From the order sheet we found that neither party filed any evidence in support of their case. Without any evidence, it was difficult for the Referral Court to determine the compensation.