SPECIAL LAND ACQUISITION OFFICER, NALCO Vs. LABANYA PRADHAN

JUDGEMENT

(1.) BOTH the appeals have been filed under Section 54 of the Land Acquisition Act by the appellants, Special Land Acquisition Officer, NALCO and the Executive Director, NALCO challenging the judgment dated 9.8.1990 passed by the learned Subordinate Judge, Angul in L.A.Misc. Case No. 1/1986 awarding compensation of Rs. 9,15,600/ - for the land and Rs. 1,48,000/ - for the trees standing thereon along with solatium @ 30%, additional compensation @ 12% and interest @ 9% for one year with effect from the date of delivery of possession and 15% for the rest period till the compensation is paid.

(2.) THE case of the appellants is that Ac.30.52 decimals of land over plot Nos. 69, 72 and 122 appertaining to khata No. 148 of Village -Kansaragadi was acquired by the State for NALCO Project in the year 1983, vide Government Notification No. 1282 dated 29.9.1983 and accordingly, possession was taken over on 29.1.1984. The Land Acquisition Officer awarded compensation of Rs. 9,12,734.78 paise for the land and the trees standing thereon. Since a large number of shareholders were there, the Land Acquisition Officer referred the matter to the learned Subordinate Judge, Angul for determination of compensation as well as share of the land -oustees under Sections 18 and 30 of the Land Acquisition Act respectively.

(3.) MR .M.Mishra, learned senior counsel appearing for the NALCO submits that references were made under Section 18 of the Land Acquisition Act at the initial stage for eleven persons and under Section 30 of the said Act in respect of others for determination of share. Therefore, learned referral court could not have determined the valuation of the land in higher side in respect of the recorded tenant -claimants. He has relied upon two decisions of the Hon'ble Apex Court in Ambey Devi (Smt) v. State of Bihar and another, 1996 9 SCC 84and Nabakishore Mishra and another v. Special Land Acquisition Officer, Dhenkanal and two others,2003 Supp OrissaLR 307of this Court.