LAND ACQUISITION ZONE OFFICER Vs. JATRI DEHURY

JUDGEMENT

(1.) What is sought to be challenged in this First Appeal is the amount of compensation awarded by the then Subordinate Judge, Angul in Land Acquisition Misc. Case No. 23 of 1987 on the ground that the learned Court below failed to appreciate the geographical situation of the acquired land visa-vis the lands Involved in First Appeal Nos. 293/88 and 57/ 90, and also acted illegally and with material irregularity in awarding separate compensation for the trees.

(2.) By Notification published in the Orissa Gazette No. 1691 dated December 20, 1985, Ac.0.54 decimals of land situated in village Ranigoda Jungle belonging to the claimants was acquired alongwith some other lands for the purpose of construction of Talcher- Sambalpur Rail Link. The Land Acquisition Officer fixed compensation for the land acquired at the rate of Rs. 20,000.00 per acre for Sarad-II and Bagayat varieties of land and at the rate of Rs. 10,000.00 per acre for Tala variety of land. The compensation awarded was accepted by the claimants, but under protest, and a petition was filed claiming higher rate of compensation for the land as well as trees. The said petition was referred to the then Subordinate Judge, Angul under Section 18 of the Land Acquisition Act.

(3.) Before the Court below, to substantiate their.claim, the claimants examined the Revenue Inspector, Talcher as P.W. 1. No document was produced either on behalf of the claimants or on behalf of the Land Acquisition Zone Officer. It is pertinent to mention here that on behalf of the latter, even no oral evidence was adduced. The Revenue Inspector who was examined as P.W. 1 categorically stated that the lands situated in the adjoining villages which were also acquired for the same purpose were no way different in quality from the land belonging to the claimants. The Court below relying upon the decisions of this Court in L.A. Zone Officer v. Anadi Ch. Behera and L.A. Zone Officer v. Uchhaba Naik as well as the decision in L.A. Zone Officer v. Nadhu Dehury and another, held that the claimants were entitled to receive compensation for their land at the rate of Rs. 30,000.00 per acre for Taila and Bagayat varieties of land and at the rate of Rs. 50,000.00 per acre for Sarada, Jala-I variety of land. The Court below also held that the claimants were entitled to compensation at the rate of Rs. 400.00 for each mango tree. On the basis of such findings, the Court held that the claimants were entitled to higher compensation of Rs. 16,800.00 for their land and Rs. 3,200.00 for the trees, besides the statutory benefits. The said order, as stated earlier, is impugned in this First Appeal.