STATE OF ORISSA, THROUGH THE LAND ACQUISITION COLLECTOR, UPPER INDRAVATI MULTIPURPOSE PROJECT Vs. CHANDRA SEKHAR MUND

JUDGEMENT

(1.) THIS appeal is under Section 54 of the Land Acquisition Act (in short 'the Act') challenging the award passed by the learned Subordinate Judge, Dharamgarh in M.J.C. No. 60/81 of 1988 -91 while disposing an application under Section 18 of the said Act.

(2.) THE fact leading to this appeal is that the land of the present Respondent was acquired for the purpose of Upper Indravati Multipurpose Project for which notification under Section 4(i) of the Act was published on 31.7.1987. As per the aforesaid notification, the lands appertaining to Plot No. 1375/1711 measuring an area of Ac. 1.56 decimals. Plot No. 639 measuring an area of Ac. 0.82 decimals, and Plot No. 640 measuring an area of Ac. 0.38 decimals, in total Ac. 2.76 decimals under Khata No. 34 situated in village Kasibahal belonging to the present Respondent were acquired. The' market value of the land acquired was assessed by the Land Acquisition Collector at Rs. 9.4607 - towards the valuation and the same was received by the present Respondent under objection. According to the Learned Counsel for the Appellant, the value of the land as fixed, so far as Ata land is concerned @ Rs. 2.000/ - per acre. So far as Berna land land is concerned, the value of land was fixed @ Rs. 4,762 - per acre. The Respondent claimed compensation @ Rs. 10.000/ - per acre in respect of Ata land and Rs. 12.000/ - per acre in respect of Berna land. There is no dispute to the fact that Ac. 1.56 decimals in Plot No. 1375/1711 and Ac. 0.82 decimals in Plot No. 639 are Ata Mamuli variety of land and Ac. 0.38 decimals in Plot No. 640 is of Berna variety of land and the same was cultivable land till the date of acquisition.

(3.) BE that as it may, there is evidence on record that the lands of Subash Mund as well as the Respondent situated in the same village and have been acquired under the same notification, but there is no evidence regarding the potentiality of the land of the present Respondent.