SMT. SAUDAMINI SAHU Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This appeal is directed against the award passed by the learned Civil Judge (Senior Division), Keonjhar in L.A. M.J.C. No. 69 of 2002 refusing higher compensation as prayed for by the claimant/appellant.

(2.) An area of Ac.1.75 decimals of land pertaining to Plot No. 851 under Khata No. 204/2 of Mouza-Kabitra belonging to the appellant was acquired by the Land Acquisition Officer, Daitarty Bansapani Railway Line, Keonjhar. From the body of the impugned award, it is found that the land was acquired vide declaration No. 7415 dated 11.2.1994 of the Government of Orissa published in the Extra Ordinary, Orissa Gazette No. 244 date 21.2.1994 and a sum of Rs. 73,615/- was assessed by the Special Land Acquisition Officer, Daitary Banspani Railway Link, Keonjhar towards compensation therefor.

(3.) Being aggrieved, the claimants made an application for a reference under Section 18 of the Land Acquisition Act for determination of higher and reasonable compensation. In order to substantiate the claim for higher compensation, the claimant/appellant examined herself as P.W.1 and an advocate clerk as P.W.2 and exhibited one registered sale deed (Ext.2). On the other hand, the respondent-Special Land Acquisition Officer examined an Amin of his establishment as O.P.W.1 but did not adduce any documentary evidence. On consideration of the materials on record, learned referral Court held that the appellant had squarely failed to discharge her onus to justify enhancement of compensation.