LAWS(ORI)-2002-1-33

SPECIAL LAND ACQUISITION OFFICER Vs. BANAMALI GOCHHAIT

Decided On January 28, 2002
SPECIAL LAND ACQUISITION OFFICER Appellant
V/S
Banamali Gochhait Respondents

JUDGEMENT

(1.) THIS is an appeal under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") challenging the award dated 15.12.1993 of the learned Subordinate Judge, Angul in L. A. Misc. Case No. 19 of 1986 on a reference under Section 18 of the Act.

(2.) THE facts leading to this appeal are as follows :

(3.) IN the present case, the learned Subordinate Judge has fixed the rates of compensation payable to the land owners in accordance with the decision of this Court in F.A. Nos. 287 and 326 of 1990 which was under challenge in the Apex Court in the case referred to above. Therefore, the Land Acquisition Officer has to pay compensation to the land owners at the rates determined by the Apex Court. In the case at hand, Ac. 1.48 decimals of Patita variety land (fallow land) appertaining to plot No. 1883 of Khata No. 593 of village Kulada in the erstwhile subdivision of Angul under Dhenkanal district has been acquired and the learned Subordinate Judge has fixed the compensation at Rs. 37,000.00 for the entire land in accordance with the rate determined by the High Court, i.e. Rs. 25,000.00 per acre. But it is found that in the petition under Section 18 of the Act the claimants have stated that the lands in question are situated near the National Highway and as such it will be within the first category of Taila lands. In other words, compensation at the rate of Rs. 27,000.00 per acre is payable to the claimants in accordance with the decision of the Apex Court. The impugned order of the learned Subordinate Judge is to be modified accordingly.