LAND ACQUISITION Vs. OM PRAKASH SAHU

JUDGEMENT

(1.) THIS is an appeal under Section 54 of the Land Acquisition Act (hereinafter referred to as 'the Act') filed by the Land Acquisition. Collector, Kalahandi, Bhawanipatna, challenging the order dated 23.12.1993 passed by the Subordinate Judge (as it then was), Nawapara, in M.J.C. No. 72 of 1993.

(2.) THE brief facts of the case are that in pursuance of notification under Section 4(i) of the Act, Ac. 18.53 decimals of land appertaining, to different plots under Khata No. 16 of village Ainlajuba in the district of Kalahandi, which belonged to the respondents -claimants, were acquired by the Land Acquisition Collector, Kalahandi, Bhawanipatna for the purpose of construction of the Saipala Irrigation Project and compensation of Rs. 33,084.03 paise was given to the respondents -claimants which they received on protest as the award was very much low. Therefore, the reference was made to the learned Subordinate Judge, Nawapara, under Section 18 of the Act.

(3.) AFTER considering the evidence on record, by his order dated 23.12.1993 the learned Subordinate Judge, Nawapara, allowed the claim of the respondents and awarded higher compensation of Rs. 1,52,951.10 paise. The trial court also directed the Land Acquisition Collector to pay the amount with interest at the rate of 9% within two months and further directed to pay interest at the rate of 15% per annum after expiry of the stipulated period, and also the statutory benefits as provided under Section 23(1 -A) of the Act.