STATE OF ORISSA Vs. GURU CHARAN SAHU

JUDGEMENT

(1.) THIS appeal, under Section 54 of th,e Land Acquisition Act, 1894, is preferred by the State of Orissa against the order dated 23.9.1998 passed by the Civil Judge (Sr. Divn.), Deogarh, in L.A. Case No. 72 of 1998.

(2.) THE admitted facts, in brief, are that pursuant to notification under Section 4(1) of the Land Acquisition Act, published in E.O.G. No. 328 dated 8.3.84, the Government of Orissa acquired Ac. 1.20 decimals of land under Khata No. 2 of village Niktimal in Deogarh Tahasil, which belonged to the respondent -claimant, for the purpose of construction of Rengali Dam Project. The Land Acquisition Officer, Deogarh, determined the market value of the acquired land at Rs. 9,256/ - and accordingly awarded the compensation to the claimant which he received on protest.

(3.) DURING hearing of the appeal, Mr. G. K. Mohanty, learned Addl. Government Advocate, vehemently urged that the court below has failed to appreciate the scope and ambit of Sections 23 and 24 of the Land Acquisition Act for determination of the market value of the lands in question. He also argued that the award of higher compensation is exorbitant and, thus, prayed for setting aside the judgment.