JOACHIN SAHU Vs. STATE OF ORISSA AND ANR.

JUDGEMENT

(1.) A house standing on plot Nos. 627/1 and 627/2 in Holding No. 33 in village Hamirpur was acquired by the State under Revenue Department Notification No. 562/, dated 9 -2 -1955. Rs. 7,067.87 nP. was offered as compensation to the objector Joachin Sahu. Before the Special Officer, the objector claimed Rs. 32,474.00. This claim comprised Rs. 27,224.00 for the house, Rs. 5000.00 for loss of business and Rs. 250.00 for shifting of the materials. As no agreement was reached with regard to the compensation, the Competent Authority submitted a report to the State Government under Rule 9 of the rules framed under the Orissa Development of Industries, Irrigation, Agriculture, Capital Construction and Re -settlement of Displaced Persons (Land Acquisition) Act, 1948 (Orissa Act 18 of 1948), hereinafter to be referred to as the Act. The objector filed written statement before the Arbitrator claiming a total compensation of Rs. 38,124.00. The State of Orissa filed written statement adhering to the offer made by the Special Officer. The Arbitrator allowed a total compensation of Rs. 11,746.28 nP. This amount consisted of the items (i) Rs. 8496 -28 nP. for the value of the main house including fencing and the back filling; (ii) Rs. 250.00 for the value of garden and ditch; and (iii) Rs. 3,000.00 for loss of earnings from his business by the acquisition. The objector has filed M.A. 87 of 1961 claiming a further sum of Rs. 11,893.00. The State of Orissa has filed M.A. 4 of 1962 against the award of the Arbitrator allowing Rs. 4,678.41 nP. in excess of Rs. 7067.87 nP. offered by the Competent Authority, The objector's claim of Rs. 11,893.00 in M.A. 87 of 1961 consisted of the items, as supplied to me by Mr. Mohapatra:

(2.) BEFORE entering into details, it is necessary to examine an interesting argument advanced by the learned Advocate General. To appreciate that argument, it is necessary to mention certain facts. The land on which the house stands belonged to Lazavas Khadia and Poulus Khadia who are brothers. Poulus Khadia executed a registered sale -deed (ext 2) on 18 -3 -1954 in favour of Joachin Sahu for Rs. 450.00 in respect of plot No. 59 in Khata No. 33 with an area of 1.44 acres. In fact, however, the vendee was in possession of plot Nos. 627/1 and 627/2 with an area of 0.87 acre. The house stands on 0.08 acre. Excepting the portion on which the house stands, the remaining area has been taken possession of by the Hindusthan Steel Limited on 27 -8 -1955. Before the Competent Authority in Miscellaneous Case No. 5 of 1955 -56, Poulus Khadia admitted that plot No. 59 was wrongly mentioned in ext. 2 and in fact plot Nos. 627/1 and 627/2 had been sold to the vendee. He also admitted that for the land the transferee was entitled to compensation. Despite this admission, however, the Competent Authority did not pay the compensation to the transferee for the land and paid the amount to Poulus Khadia as he is an Adibasi and the vendee is a non -Adibasi and as there was no permission of the Sub -Divisional Officer sanctioning the transfer. The Competent Authority did not make a reference to the Arbitrator regarding the land despite a prayer made by the objector. On 14 -10 -1958 the objector filed an application to the Arbitrator asking him to pass an award with regard to the compensation payable for the land. The Arbitrator gets jurisdiction only with regard to matters referred to him by the Competent Authority and has no power under the Act to call upon the Competent Authority to make reference on matters left out. No other appropriate proceedings have been resorted to by the objector challenging the compensation paid to Poulus Khadia on 24 -3 -1956. The Competent Authority accepted the title of the objector in the house and made a reference with regard to valuation of the house.

(3.) IN the result, the objector is entitled to the following amount in all: