SATRUGHANA MOHANTY Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) The disputed properties measuring an area of A. O. 43 decs. under khata No. 74. plot No. 726 situated at Sunapal Mouza -Baramba recorded in the name of deity Sri Sri Kamana Thakurani was acquired under the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') by State of Orissa for establishment of a sugar factory.

(2.) AWARD was passed Under Section 11 of the Act. Petitioners filed application for apportionment of the awarded amount. Collector referred the matter Under Section 30 of the Land Acquisition Act to determine as to who is entitled to receive the compensation amount of Rs. 5,698/ - awarded by the Collector Under Section 11 of the Act, which was registered as Land Acquisition Case No. 41 of 1987.

(3.) LEARNED trial Court after discussing the evidence on record without giving any finding regarding the entitlement to receive the compensation ordered as follows : 'The claimants may take the shelter of the competent Court to establish their right, title and interest in respect of the case land and then only it will be possible to determine the claim of the claimants to receive the compensation amount in respect of the case land. Hence intimate the Collector under the L. A. Act accordingly.' The order passed by the trial Court is under challenge in this Civil Revision.