SPECIAL LAND ACQUISITION OFFICER Vs. GOLEKHA SAHOO

JUDGEMENT

(1.) The appellant in this appeal has challenged the award passed by the learned Civil Judge (Senior Division), Kamakhyanagar, in L.A. Misc. Case No. 57 of 1996 in reference of under Section 18 of the Land Acquisition Act has been closed in question by this appellant in this appeal as under:-

(2.) Facts necessary for disposal of the appeal are as under :- Land measuring Ac. 1.52 decimal of Sarad dofasal-I, Sarad-I and Jalasaya-2 kisam of land of village Badajhara belonging to the respondents has been acquired vide notification under Section 4 of the Act dated 19.12.1990 published in Gazette on 21.12.1990. It is worthwhile to mention here that the Land Acquisition Officer-cum-Collector, Dhenkanal has fixed the market value of the land of Sarad-dofasal-I category at Rs. 28,500/- per acre, Sarad-I at Rs. 25,000/- per acre and Jalasaya-2 at Rs. 11,700/- per acre. In this way, he had assessed the market price of the land at Rs. 37928/- and for trees a sum of Rs. 215/- has been awarded which the respondent received on protest and sought for reference. The referral Court has determined the market price of the land @ Rs. 35,000/- per acre for Sarad-I, Rs. 37,000/- per acre for Sarad dofasali and Rs. 15,000/- per acre for Jalasaya-2 lands. This has been done, taking into consideration the evidence adduced from the side of the respondent with regard to potentiality of the land with its similarity with land acquired under L.A. Case No. 55 of 1996 covered under same notification.

(3.) Learned counsel for the appellant submits that the market value of the land has not been determined by the referral Court on proper appreciation of evidence and thus needs appropriate reduction and not in consonance with what has been determined in the aforesaid cases as done.