LAKHIRAM AGARWALA Vs. LAND ACQUISITION OFFICER, SAMBALPUR

JUDGEMENT

(1.) THIS appeal has been preferred by one of the claimants as against the award passed by learned Subordinate Judge, Bargarh in L.A. Misc. Case No. 94 of 1976 as per the impugned award dated 30.8.1980.

(2.) AN area of Ac. 1.76 decimals belonging to the appellant and respondent nos. 2 to 7 was acquired by the Government under declaration dated 18.6.1966 and Gazettee Notification No. 22.6.1966 for the purpose of construction of B.G. Railway line for the IDC Cement Project at Bargarh. The acquired land situates in village of Bramchari under Bargarh Police -station. A total sum of Rs.663.87 paise was assessed as compensation. The appellant and respondent Nos 2 to 7 as the objectors raised protest to such low compensation and claimed compensation at the rate of Rs.300/ - per decimal on the ground that, that land was purchased by them for industrial purpose and that locality being used as the industrial belt and the acquired land had the potency of homestead land.

(3.) IN the impugned award learned Subordinate Judge, Bargarh has recorded that the evidence adduced by the claimants relating to the compensation at the rate of Rs.30,000/ - per acre is not believable. He has also recorded the finding that the evidence relating to existence of a structure and well by the date of acquisition was not correct. Accordingly, he did not accept the evidence from the side of the claimants. At the same time, he found the above noted awarded amount to be too low and, therefore, he assessed the market rate at Rs. 2, 000/ - per acre and passed the award for payment of compensation along with the admissible solatium and rate of interest which was prevalent at that time. The appellant as one of the claimants has challenged the aforesaid award and the co -claimants have been added as proforma respondents. The contesting respondent is respondent No.1 i.e. the Land Acquisition Officer. Except Respondent No.1 the other respondents have not appeared to contest the appeal and obviously so.