STATE OF ORISSA Vs. SUKRU MIRDHA

JUDGEMENT

(1.) This appeal arises out of a reference under Section 18 of the Land Acquisition Act (hereinafter referred to as the Act) .

(2.) In pursuance of a notification under Section 4 of the Act published on 23-11964, an area of 4.70 acres of land of village Kalimati belonging to the respondent was acquired by the State Government for the purpose of construction of the State Live Stock Breeding Farm. The Land Acquisition Collector awarded a sum of Rs. 2,355.97 p. as compensation. The respondent claimed compensation at the rate of Rs. 10,000/- per acre. At his instance, a reference under Section 18 of the Act was made to the Civil Court. Both parties produced oral and documentary evidence in support of their respective contentions. The learned Subordinate Judge did not accept the price paid under the sale deeds produced by either side to be the guiding factor in fixing the market value of the land, but relying upon two previous decisions of his Court awarded compensation at the rate of Rs. 2,000/- per acre for Ata lands, Rs. 3,000/- per acre for Mal lands and Rs. 4,000/- per acre for Berna lands. He also awarded solatium at the rate of 15% and interest at the rate of 6% from the date of delivery of possession till payment. Aggrieved by this decision, the State Government has come up in appeal.

(3.) It is urged in this appeal that the learned Subordinate Judge went wrong in holding that there was no service of notice under Section 9 of the Act, that he should have relied upon the sale deeds filed on behalf of the appellant and that the previous judgments Exts. l and 2 should not have been relied upon in the absence of evidence that the Ianc?s involved in those decisions were similarly, situated.