PARADEEP PHOSPHATES LIMITED Vs. GOPINATH PRADHAN

JUDGEMENT

(1.) This appeal under Section 54 of the Land Acquisition Act, 1894 (in short 'the Act') has been filed as against the award passed on 21.1.1994 by the Subordinate Judge, Jagatsinghpur in L.A. Case No. 16 of 1991. Appellant was the O.P. No. 3, the Respondents 4 and 5 were the opposite parties 1 and 2 and the Respondents 1 to 3 where the claimants in that proceeding.

(2.) An area of Ac. 6.16 decimals from part of different plots under Khata No. 101 in village Chauliapalanda was acquired for the appellant as per the declaration No. 8436 dated 13.2.1985 published in the Orissa Gazette No. 496 dated 25.3.1985. The Respondent No. 5 passed the award under Section 11 determining the compensation at the rate of Rs. 12,500/- per acre and granted a total compensation of Rs. 1,24,740/- in favour of the Respondents 1 to 3. The said Respondents received the compensation on protest and claimed for higher valuation @ Rs. 4,000/- per guntho i.e., rupees one lakh per acre on the ground that the acquired land had potency of homestead land because of its higher potentiality including existence of Paradeep Port, College and the Railway Station nearer to the acquired land. The appellant though contested the case but did not file any separate written statement or statement justifying the valuation settled by the Respondent No. 5. Be that as it may, the appellant along with the Respondents 4 and 5 jointly contested to the claim of the Respondents 1 to 3, and asserted that the valuation determined and the compensation awarded under Section 11 of the Act is just and proper.

(3.) In course of hearing, claimants examined two witnesses and relied on certified copy of the reference in L.A. Case No. 8 of 1982 and certified copy of the judgment in L.A. Case No. 189 of 1984, respectively marked Exts. 1 and 2. Each of the opposite party examined one witness each as O.P.Ws 1 and 2 respectively. The opposite party members relied on certified copy of the valuation of statement Ext.A and two certified copies of registered sale deeds Exts. B and C. On assessment of such evidence on record, learned Subordinate Judge recorded the finding that the claimants have not been able to make out a case for higher compensation at the rate of rupees one lakh per acre but the certified copy of the award Ext.2, being relating to part of the land of case holding No. 101 is relevant for consideration to adopt the said valuation. In Ext.2 the valuation having been determined at the rate of Rs. 18,000/- per acre, he adopted that valuation and accordingly passed the impugned award.