INDIRA PANDA Vs. L A O

JUDGEMENT

(1.) THE claimant - appellant in F. A. No. 210/2001 has challenged the award made under Section 18 of the Land Acquisition Act. 1994 (hereinafter referred to as 'the Act') on the ground of inadequacy of the awarded amount and prays for enhancement of the same. The other appeal i.e. F. A. No. 264 of 2001 the appellant - State has challenged the same award on the ground that the award is at the higher side and is not in consonance with the evidence on record, for which the award should be set aside.

(2.) IT appears that the First Appeal No. 264/2001 has been filed 25 days beyond the period of limitation. This Court is satisfied with the cause show in filing the appeal beyond the period of limitation. , Accordingly, the delay is condoned.

(3.) AS it appears, by virtue of compulsory acquisition of land an area of Ac. O. 100 decimals of land of one Indira Panda, who is the appellant in F. A. No. 210/2001 and respondent in other F.A. No, 264/2001, was acquired for the purpose of establishment of Bird Sanctuary in the Mauza - Jujhagarh and a compensation was awarded @ Rs. 20,000/ - per acre. The awarded amount was received under protest and a reference was made Under Section 18 of the Act to the Civil Court for necessary adjudication. The case of the land oustee before the Civil Court was that the prevailing market rate of the acquired land at the time of acquisition was more than Rs. 2,00,000/ - per acre, for which the fixation of market rate at Rs. 20,000/ - per acre is unfair.