STATE OF ORISSA Vs. KAPILA SABAR

JUDGEMENT

(1.) 'The State of Orissa has preferred this appeal against the judgment and award dated September 23, 1998 passed by the Civil Judge (Senior Division), Deogarh in L.A. Case No. 19 of 1998 on a reference under Section 18 of the Land Acquisition Act (hereinafter referred to as 'the Act').

(2.) THE State of Orissa acquired Ac. 3.48 decimals of agricultural land belonging to Ainthu Sabar, since deceased, and predecessor -in -interest of the respondents, for the purpose of Rengali Dam Project. Notification under Section 4(1) of the Act dated July 9, 1988 was published in the gazette on August 25, 1988. The acquired land was agricultural land of Class -I variety with irrigation facility from the nearby Kata and Bandh and had considerable number of fruit bearing trees, viz. 49 Mahuwa trees, 14 Kendu trees, 15 Sal trees and 10 Asan trees. The Land Acquisition Collector awarded a total compensation of Rs. 37,372/ - for the acquired land and the trees standing thereon. As the original claimant was not satisfied with the award he filed application for reference. Upon such application, the case was referred to the Civil Court under Section 18 of the Act.

(3.) THE Civil Court has assessed the annual yield from the acquired land and value thereof as suggested by the Government Pleader. The Civil Court also accepted the statement of trees submitted by the State Government to find out the number of trees standing on the acquired land. Thus the appellant -State cannot raise any valid dispute or objection regarding annual agricultural yield, value thereof and the number of trees standing on the acquired land.