LAND ACQUISITION OFFICER Vs. A KRISHNA MURTY PATNAIK

JUDGEMENT

(1.) Land Acquisition Officer, Ganjam, is the appellant in this appeal impugning the order of the Subordinate Judge, Berhampur, in Land Acquisition M.J.C. No. 185 of 1970 whereunder the learned Subordinate Judge has enhanced the market value of the acquired land and fixed the same at the rate of Rs. 25,000/- per acre. In addition, the learned Subordinate Judge has also awarded fifteen per cent solatium.

(2.) The subject-matter of consideration in this appeal is 1.35 cents of land appertaining to survey Ncs. 348/2F and 348/21 of village Bhapur acquired for the purpose of construction of a medical college in Berhampur town by a notification dt. 5-1-1982 (1962?). Notification under S. 6 of the Land Acquisition Act (hereinafter referred to as the 'Act') was published in the Orissa Gazette on 20-4-1962. The Land Acquisition Officer determined the market price of the land at the rate of Rupees 8,230/- per acre and also awarded fifteen per cent solatium. Objection to the award being filed by the claimant, reference was made to the Subordinate Judge under Section 18 of the Act and the learned Subordinate Judge after analysing the evidence adduced before him fixed the market value of the land at the rate of Rs. 25,000/- per acre. Before the learned Subordinate Judge on behalf of the Land Acquisition Officer, five sale deeds were exhibited being Exhibits 3 to 3/D, the village plan of Bhapur was exhibited being Ext. 1 and the Bata Sheet of Bhapur was exhibited being Ext. 2. The Land Acquisition Inspector got himself examined. On behalf of the ciaimant-objector, two previous awards of the Land Acquisition Officer pertaining to similar acqui-sitions. (Exts. A and B), certified copy of a registered sale deed (Ext. C) and certified copies of two judgments of the Subordinate Judge passed under Section 18 of the Act (Exts. D and E) were filed. Besides, three witnesses were examined in support of the claimant. It may be stated that the awards of the Land Acquisition Officer (Exts. A and B) as well as the orders of the Subordinate Judge (Exts. D and E) are in respect of similar acquisitions made for the purpose of construction of the medical college by the same notification issued under Section 4 (1) of the Act dated 5-1-1962. The learned Subordinate Judge after analysing the evidence on record came to hold Exts. D and E to be a guide for determining the market value for the acquired land in this case and accordingly determined the compensation at the rate of Rs. 25,000/- per acre.

(3.) Learned Advocate-General appearing for the appellant raised three contentions, namely-