LAND ACQUISITION Vs. DAMAYANTI MOHAPATRA

JUDGEMENT

(1.) THIS appeal has been directed against the order dated 14.12.1994 passed by the Civil Judge (Sr. Divn.), Jeypore, in M.J.C. No. 113 of 1988.

(2.) THE case of the appellant -Land Acquisition Officer in brief is that, in pursuance to notification dated 24.11.1987 under Section 4 of the Land Acquisition Act, lands having an area of Ac. 09.30 cents consisting of both paddy -III and dry -II lands of village Nuagaon in the district of Koraput were declared to be acquired at the instance of the Executive Engineer, Upper Kolab Hydro -Electricity Project (Division No. II), Koraput for construction of Upper Kolab Hydro -Electricity Project, Compensation was paid to the awardee -respondent on 28.3.88 after due enquiry and the awardee -respondent received the compensation on protest and had prayed to refer the matter to the court for higher compensation.

(3.) THE contention of Mr. Rout, learned Additional Standing Counsel, is that, the court below has failed to appreciate the scope and ambit of Sections 23 and 24 of the Land Acquisition Act for determination of market value of the lands in question. His further contention is that the learned Civil Judge had erroneously relied on Ext. 6, the document produced by the respondent -claimant and the lands relating to Ext. C are of similar nature to the present acquired lands and the court below has awarded higher compensation basing on Ext. 6.