(1.) THE first appeal arises out of the order dated 1.12.1994 passed by the Civil Judge (Sr. Divn.), Kamakhyanagar in Land Acquisition Misc. Case No. 56 of 1993. Though notice has been made sufficient against the sole respondent - claimant, none appears when the appeal was heard on merit.
(2.) THE case of the appellant, in brief, is that lands having an area of Ac. 0.88 decimals corresponding to plot Nos. 729, 743,778, 813 and 814 under Khata No. 215 of village Chandpur in the district of Dhenkanal were acquired in pursuance to notification dated 2.2.1989 under Section 4 of the Land Acquisition Act forthe purpose of Rengali Irrigation Project. The lands are 'Sarada -III' variety. The appellant -Land Acquisition Officer determined market value of the said 'Sarada - III' variety land at the rate of Rs. 14,000/ -per acre. There were a palm -tree, a date -palm -tree and a banian tree on the acquired land at the time of acquisition. For the purpose of the above trees, the claimant was awarded Rs. 74/ - towards compensation. The Land Acquisition Officer awarded a total sum of Rs, 20,560/ - including solatium and interest for the above acquisition of lands. According to the respondent -claimant, the market value fixed by the Land Acquisition Officer is very low since the land value in his village is very high and the lands were assessed at the rate of Rs. 5000/ - per Gunth. The respondent received the compensation with objection. Therefore the respondent -claimant prayed to refer the matter to the Court -Land Acquisition Tribunal for determination of higher compensation.
(3.) THE issue involved in this appeal relates to higher compensation awarded by the learned Civil Judge (Sr. Divn.), Kamakhyanagar, in respect of the acquired lands for the Rengali Irrigation Project.