L A COLLECTOR Vs. DUMUNI HASADA

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, Balasore, challenging the order dated 19.7.1989 passed by the Subordinate Judge (as it then was), Balasore in L, A. Misc. Case No. 204 of 1988,

(2.) THE brief facts of the case is that pursuant to the notification under Section 4(i) of the Act, the appellant -Land Acquisition Collector acquired Ac. 0.42.2/3 decimals of land appertaining to plot No. 2915 of village Gobarghata in the District of Balasore, which belonged to the claimants -respondents, for the purpose of construction of weigh -Bridge and staff quarters at Laxmannath Check Gate. For the purpose of compensation the market value of the land was fixed at Rs. 38,000/ - per acre which the claimants -respondents received with objection. Therefore, reference was made to the learned Subordinate Judge, Balasore, under Section 18 of the Act.

(3.) IN course of hearing, Mr. Debasis Das, learned Add,l. Government Advocate, urged that the appellant -L. A. Collector had correctly fixed the market value and the order of the learned Subordinate Judge is not in conformity with the provisions of Sections 23 and 24 of the Act. He also contended that the award of higher compensation is exorbitant and, thus, prayed for setting aside the impugned judgment. Mr. D. Patra, learned counsel appearing for the respondent, on the other hand, supported the findings of the trial Court and submitted that the appellant having failed to prove its assessment of compensation by cogent evidence, this Court ought not interfere with the findings of the trial Court.