INDRAMANI PRADHAN Vs. ARNA SAHU

JUDGEMENT

(1.) THIS appeal is directed against the judgment passed by the Civil Jude (Senior Division), Talcher, in L.A. Misc. Case No.15 of 1997 on a reference made by the Special Land Acquisition Officer, M.C.L., Angul, under Section 30 of the Land Acquisition Act, 1894, deciding a dispute between the awardees, i.e., respondent No.1 -Arna Sahu and the appellant -Indramani Pradhan, as to apportionment of the amount of compensation awarded in respect of a structure on the acquired land measuring Ac. 0.03 appertaining to plot No.604 under Khata No.23 in Balugan mauza, which is described as disputed structure.

(2.) THE facts giving rise to the present appeal are as follows : An area of Ac.0.62 of land appertaining to different plots including the disputed plot No.604 covered by Khata No.23 of Balugan mauza was acquired by the Special Land Acquisition Officer, M.C.L., Angul, for a public purpose, namely, a coal mining project. Prior to the acquisition, the aforesaid lands stood recorded in the names of Tanu Sahu, Nityananda Pradhan, Daitari Pradhan, Manti Pradhan, Dhaneswar Pradhan, Dibakar Pradhan, Krushna Ch. Pradhan, Chandini Pradhan, Kamini Pradhan, Indu Pradhan, Khajuri Pradhan, Gunjara Pradhan, Saiba Pradhan and Arna Sahu. Except the land under disputed plot No. 604, the other lands acquired were agricultural lands. The disputed plot was a homestead land and a structure existed on the same at the time of acquisition. The Special Land Acquisition Officer passed an award of Rs.30,133/ - in respect of the acquired lands including the land under the disputed plot in favour of the aforesaid claimants whereas he awarded Rs.2,33,875/ - for the structure standing on the disputed plot in favour of Indramani Prahdan, son of Saiba Pradhan. Respondent No.1 -Arna Sahu put forth her claim over the amount awarded in respect of the structure on the disputed plot saying that the said structure belonged to her father and she being the only daughter inherited the same after the death of her father. The claim of the awardee -Indramani Pradhan was that the disputed structure was owned and possessed by him prior to the acquisition and as such he was entitled to the compensation awarded for the disputed structure. Considering the rival claims, the Special Land Acquisition Officer made a reference under Section 30 of the Act to the Civil Judge (Senior Division), Talcher, to decide the dispute between Arna Sahu and Indramani Pradhan as to the apportionment of the award in respect of the structure on the disputed land.

(3.) THE reference Court after scanning the oral evidence adduced by the parties has come to hold that the claimant -Arna is entitled to get the entire compensation amount awarded for the structure and the land measuring an area Ac.0.03 under plot No.604 along with their reliefs.