LAND ACQUISITION OFFICER Vs. TRILOCHAN SAHU

JUDGEMENT

(1.) THIS appeal is one under Section 54 of the Land Acquisition Act (hereinafter referred to as 'the Act') filed by the Land Acquisition Officer, Dhenkanal, challenging the order dated 16.7.1993 passed by the Subordinate Judge (as it then was), Dhenkanal, in L. A. Misc. Case No. 43 of 1990.

(2.) THE brief facts of the case are that, admittedly, pursuant to Notification under Section 4(i) of the Act, Government acquired Ac. 0.44 decimals of land situated at mouza Nimabahali, P.S. Balami pertaining to Khata No. 126 and plot Nos. 958/1, 935/1 and 1148/1, which stood recorded in the name of the claimant -respondent, for construction of National High Way No. 42. The Land Acquisition Officer fixed the valuation of the case lands at Rs. 4,167/ - per acre for Sarada -II Kissam and Rs. 2000/ - per acre for Patita Kissam of lands and accordingly he paid the compensation which the claimant -respondent received on protest. Therefore, the Land Acquisition Officer referred the case to the court below under Section 18 of the Act.

(3.) DURING hearing of the appeal, Mr. Sangram Das, learned Additional Standing Counsel, urged that the appellant -Land Acquisition Officer had correctly fixed the market value taking into consideration the market price of the lands, and the order of the learned Subordinate Judge awarding higher compensation is not in conformity with the provisions of Sections 23 and 24 of the Act. Mr. R. N. Mohanty, learned counsel appearing for the respondent, contended that the valuation of the court below was still too low and referring to the cross -appeal, he vehemently submitted for higher compensation.