LAND ACQUISITION ZONE OFFICER Vs. ISWAR BEHERA

JUDGEMENT

(1.) HEARD . On the consent of the parties, the appeal stand disposed of at the stage of hearing under Order 41, Rule 11, CPC. The Land Acquisition Zone Officer, Talcher - Sambalpur Rail Link, Angul has filed this appeal under Section 54 of the Land Acquisition Act, challenging to the award passed on 26.4.1997 by the Civil Judge (Senior Division) Angul, in L. A. Misc. Case No. 73 of 1994 under Section 18 of the Act, 1894 (in short the 'Act').

(2.) THE fact which is not in dispute between the parties is that an area of Ac. p. 25 decimals of Bajefasal category of land belonging to the respondent in village Nankapasi was acquired by the State vide declaration No. 55694 dated 1.9.1989 published in Extraordinary Gazette No. 1299 dated 7.9.1989. That land was acquired for construction of Talcher - Sambalpur Railway line. Learned Addl. Govt. Advocate states that appellant assessed the compensation at the rate of Rs. 12,500/ -per acre and determined the compensation @ Rs. 3,875/ - excluding the statutory benefits. In that respect the awarded amount of compensation under Section 11 of the Act was receiver by the respondent on protest and claimed for higher compensation at the rate of Rs. 10,000/ -per gunth. Thus reference was made to the Civil Court.

(3.) LEARNED Addl. Govt. Advocate argues that the enhanced rate of market price of the acquired land is not only on the basis of no evidence but also on the higher side. He also states that in the absence of proof of any documentary evidence regarding existence of any tree, grant of compensation of Rs. 500/ - (five hundreds) on that count is also not sustainable. Learned counsel for the respondent defend the impugned award but he is unable to justify the award relating to loss of standing trees and the compensation awarded on that count.