SUPRAVA RANI BASANTIA Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THE appellant in L.A.A. No. 84 of 2009 assails the judgment dated 18.5.2009 passed by the learned Civil Judge (Sr. Division), Jagatsinghpur in Land Acquisition Case No. 161 of 1990 wherein respondent No. 2 was directed to pay compensation at the enhanced rate of Rs. 31,000/ - per acre in respect of the acquired land along with additional market value at the rate of 12% per annum from the date of publication of notice under section 4(1) of the Land Acquisition Act till the date of taking over possession of the land, statutory solatium at the rate of 30% on the market value and interest at the rate of 9% per annum for the first year after acquisition and at the rate of 15% per annum for the subsequent years till the payment on the excess amount of compensation on consideration of the reference made under Section 18 of the Land Acquisition Act and seeks for enhancement of compensation at the rate of Rs. 1,00,000/ - per acre. Paradeep Phosphates Limited represented through its General Manager (P & A) has filed L.A.A. No. 63 of 2009 assailing the very same judgment dated 18.05.2009 passed by the learned Civil Judge (Sr. Division), Jagatsinghpur in L.A. Case No. 161 of 1990 with a prayer to set aside the same and to award the compensation at the rate of Rs. 18,000/ - per acre.

(2.) SINCE both L.A.A. Nos. 84 of 2009 and 63 of 2009 arise out of the same judgment passed by the learned Civil Judge (Sr. Division), Jagatsinghpur in L.A. Case No. 161 of 1990, they are heard together and disposed of by this common judgment.

(3.) PER contra, Mr. K.K. Jena, learned counsel appearing in L.A.A. No. 84 of 2009 vehemently urged that the contention raised by Mr. Rath, learned Senior Counsel is not in conformity with the judgment passed by this Court which has been confirmed by the apex Court in respect of the very same village. He has relied upon a judgment of the apex Court in the case of Fida Hussain & others v. Moradabad Development Authority & another, : AIR 2011 SC 3001. He further stated that the judgment passed by the learned Civil Judge (Sr. Division), Jagatsinghpur in L.A. Case No. 161 of 1990 determining the compensation at the enhanced rate of Rs. 31,000/ - per acre is proper, but taking into consideration today's market index, the compensation amount should be enhanced to Rs. 1,00,000/ - per acre.