LAND ACQUISITION OFFICER Vs. UTTARESWAR MOHAPRABHU BYE

JUDGEMENT

(1.) These three appeals under Sec. 54 of the Land Acquisition Act by the Land Acquisition Collector arise out of the same judgment. Accordingly, they are taken up for hearing together and are disposed of by this common judgment.

(2.) At the time of hearing, Mr. P. Mohanty, learned counsel for the claimant-respondent, in each case, prayed to withdraw the cross-objection and treat it as abandoned. Prayer is reasonable and accordingly, the cross-objection in all the three appeals are permitted to be withdrawn. A refund certificates may be issued to the claimants individually for refund of court-fees. In view of withdrawal of cross-objections in all the three appeals, the question of condonation of delay in presenting the cross-objection in First Appeal No. 220 of 1990 need not be considered. However, I find that claimant has made out sufficient cause. Had the cross-objection in the said .appeal been pressed, I would have condoned the delay.

(3.) Lands belonging to the three claimants in revenue village Gosaninuagaon in the outskirt of Berhampur Municipality were acquired for construction of Berhampur-Khajuria bypass of National Highway No. 5 on the basis of notification under Sec. 4(1) of the Act published on 17.12.1970. All the lands were recorded as agricultural lands. Accordingly, Land Acquisition Officer offered compensation at the rate of Rs. 6,500.00 per acre of rain-fed land and Rs. 7,500.00 per acre of wet land. Claimants not being satisfied with the rate at which compensation was offered received the same under protest and required references to be made to the court for determination of the compensation.