DASARATH MOHANTA Vs. KHITISH CHANDRA MOHANTA

JUDGEMENT

(1.) THIS Second Appeal has been filed by the appellants claiming compensation in a proceeding under section 30 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act').

(2.) THE facts involved in this case are that by a notification dated 4.12.1987, land measuring Ac. 0.52 decimals from out of plot no. 16 appertaining to khata no. 2 of village Talasibani in the district of Mayurbhanj was acquired for the purpose of Subarnarekha Major Irrigation Project . After due enquiry, the Special Land Acquisition Officer, Mayurbhanj awarded a total compensation of Rs. 47,455/- including value of land along with additional compensation and solatium as permissible under the Act. When the recorded tenants, i.e., one Khitish Mohanta and others and one Dasarath Mohanta advanced rival claims over the awarded amount with regard to their entitlement, a reference under section 30 of the Act was made by the concerned Land Acquisition Officer to the court of the learned Subordinate Judge, Baripada (now Civil Judge (Senior Division), which was registered as L.A. Misc. Case No. 60 of 1988. The learned Subordinate Judge, while answering the reference on appreciating the materials produced before him, held that Khitish Mohanta, Maheswar Mohanta, Anil Mohanta and Phulamani Mohanta are jointly entitled to get the entire compensation awarded in respect of the acquired land and the rival claim is rejected. The said Dasarath Mohanta, who was the original appellant in this Second Appeal, preferred T.A. No. 27 of 1993 before the learned District Judge, Mayurbhanj at Baripada. The learned District Judge disposed of the appeal by his judgment dated 29.4.1995 confirming the order passed by the learned Subordinate Judge and dismissing the appeal. The said Dasarath Mohanta thereafter preferred the present Second Appeal.

(3.) AT the out-set, a question was raised by Mr. Mahadev Mishra, learned senior counsel appearing for the respondents with regard to maintainability of the appeal and the matter was heard on the question of maintainability.