PURNA CHANDRA MOHANTY Vs. SPECIAL LAND ACQUISITION

JUDGEMENT

(1.) THIS Civil Revision is directed against the order passed by the Special Land Acquisition Officer, Mahanadi Chitrotpala Island Irrigation Project (M.C.I.I. Project), Cuttack. vide memo. No. 1030 dated 7.5.2001, rejecting the application made by the petitioner under Section 18 of the Land Acquisition Act, 1894 ('the Act') praying to refer the matter to the Civil Court, for enhancement'of the market price of the land acquired by the State Government for the aforesaid Project.

(2.) THE short facts necessary for disposal of the present revision application are that the petitioner was the owner in possession of the lands bearing Khata No. 100 under plot No. 2051 with an area of Ac.0.04 decs, and plot No. 2588 with an area of Ac.0.05 decs, in Mouza Behedpur in Jagatsinghpur district. By virtue of the notification issued under Section 4(1) of the Act, the State Government acquired the aforesaid lands for the M.C.I.I. Project. Upon receipt of the notice issued under Section 12(2) of the Act in L.A. Case No. 13 of 1997 calling upon the petitioner to receive the compensation awarded by the Collector, the petitioner appeared before the opposite party and after putting his signatures on some documents, received the compensation money. It is stated in the revision application that being an illiterate rustic villager, the petitioner does not know how to read and write except putting his signature. According to the petitioner, while receiving the compensation he protested orally saying that the price paid for the acquired lands was very low. That apart, the petitioner after receiving the compensation filed an application under Section 18 of the Act praying to refer the matter to the Civil Court for enhancement of the compensation. The Special Land Acquisition Officer of the Project has, however, rejected the petition on the ground that the same was barred by the proviso to Section 31(2) of the Act, as would appear from the communication made to the petitioner vide memo. No. 1030 dated 7.5.2001

(3.) AT the outset it is worthwhile to have a look at Section 31(2) of the Act, which lays down as follows :