Z.O., L.A., KALAHANDI Vs. CHITARANJAN MAJHI

JUDGEMENT

(1.) THIS appeal by the State through the Zone Officer, L.A.(I), U.I.P., Kusumkhunti is against the order dated 15.11.2002 passed by the learned Civil Judge (Senior Division), Dharamgarh in M.J.C. No. 3 of 2001 answering a reference made under Section 18 of the Land Acquisition Act, 1894 (for short, the Act). Land measuring Ac. 3.75 decimals of Atamamuli kisam appertaining to Plot Nos. 20, 41/919 and 36 under Khata No. 33/41 in Mouza Ghumerguda belonging to the respondent was acquired for the purpose of Escape channel of U.I. Project vide Notification No. 11025 dated 11.3.1993 under Section 4(1) of the Act. The Land Acquisition Collector after conducting enquiry and basing on sale statistics obtained during the enquiry awarded compensation @ Rs. 5,284/ - per acre. Being aggrieved, the respondent requested for a reference under Section 18 of the Act. On receipt of the reference, the learned lower court recorded evidence and considering the materials placed before him passed the impugned award fixing the market value of the acquired land @ Rs. 30,000/ - per acre.

(2.) IN assailing the impugned award, it is contended by the appellant herein that there was neither sufficient reason nor compelling circumstances for the referral court to differ with the market value made by the Land Acquisition Officer. It is specifically contended that while reassessing the market value, the learned referral court should not have taken the sale transaction of a small patch of land as the basis for determining the market value.