LAND ACQUISITION OFFICER Vs. BICHITRANANDA PARIJA

JUDGEMENT

(1.) AFORESAID three appeals filed at the instance of the Land Acquisition Officer, Puri are respectively directed against the orders dated 28.8.1997, 23.10.1997 and 23.10.1997 passed by Shri S. N. Mishra, learned Civil Judge (Senior Division), Bhubaneswar in Land Acquisition Misc. Case Nos. 326 of 1994, 313 of 1994 and 312 of 1994 by which market value for the acquired land was determined at the rate of Rs. 4,00,000.00 per acre. Contending that the market value was determined on higher side against the weight of evidence on record, the appeals have been filed. As they are all analogous and common question of fact and law is involved, they are all disposed of by this common order.

(2.) IN First Appeal No. 279 of 1998 land measuring Ac.0.90 decimals in plot no. 73 under khata No. 7 of mouza Bharatpur belonging to the respondent was the subject matter of. acquisition. In First Appeal No. 341 of 1998 respondents' land measuring Ac.0.815 decimals (Ac.0.670 dec. in plot No. 75 and Ac.0.145 dec. in plot No. 77 under khata No. 8} located at mouza Bharatpur was the subject matter of acquisition. In First Appeal No. 342 of 1998 respondents' land measuring Ac.0.670 decimals in plot No. 112 under khata No. 3 of the same mouza Bharatpur had been acquired. All the aforesaid lands were acquired by the notification dated 11.1.1984 under Section 4(1) of the Land Acquisition Act, 1894 for the purpose of construction of public garden (Ekamra Kanan) in mouza Bharatpur, Thana -New -Capital No. 1, Bhubaneswar in the district of Puri.

(3.) THE learned Civil Judge determined the compensation at the above rate basing on the judgment pronounced by him in L.A. Misc. Case No. 315 of 1994 wherein the acquired land was situated in Mouza -Nayapalli which admittedly adjoins village -Bharatpur and the date of notification under Section 4(1) was the very date i.e. 11.1.1984 and the purpose of acquisition is one and the same. There is no dispute that mouza -Bharatpur and mouza -Nayapalli adjoins each other and the lands were acquired under the same notification for the same purpose. The lands in question are also situated in close proximity to each other. The order passed in L.A. Misc. Case No. 315 of 1994 on the basis of which market value was fixed at the rate of Rs. 4.00 lakhs per acre was challenged in this Court by the Land Acquisition Officer in First Appeal No. 284 of 1998. A learned Single Judge by an elaborate order dated 9.10.2002 dismissed the appeal upholding the determination of compensation at the rate of Rs. 4.00 lakhs per acre.