COLLECTOR Vs. DURYODHAN PATRA AND ANR.

JUDGEMENT

(1.) THIS is the Collector 's appeal from the decision of the Subordinate Judge of Cuttack dated 10 -1 -1968 passed -in Misc. Case No. 9 of 1968 (L.A.) in a reference under Section 18 of the Land Acquisition Act determining the amount of compensation payable for the land acquired by the State at the rate of Rs. 3,000/ - per month, a rate which is higher than the rate fixed by the Collector in his award.

(2.) PLOT No. 169 of mouza Gandartmr having on area of Ac. Order 215 d. belonging to the Petitioner was acquired by the Collector for construction of National Highway No. 5 First Reach Approach Road to Mahanadi Bridge. Section 4(1) notification was published on 22 -2 -1962, possession was taken by the Collector on 12 -4 -1962 and thereafter the Collector passed his award on 4 -2 -1963. The Collector granted compensation at the rate of Rs. 200/ - per month and at that rate the total amount of compensation comes to Rs. 1, 075/ -. Solarium at 15 percent comes to Rs. 161.25. Thus in aggregate on award for Rs. 1,236.25 was passed by the Collector. The Subordinate Judge in the reference determined the compensation at the rate of Rs. 3,000/ - per month plus solatium at 15 percent of the compensation. The aggregate market value comes to Rs. 16,125/ - to which the solatium is to be added.

(3.) THE claimants have examined three witnesses and have exhibited seven documents which chronologically are Ex. 4, a registered sale deed dated 21 -2 -1964 in respect of Ac. Order 060 d. of land for a consideration of Rs. 6,000/ -; Ex. 3, a registered sale deed dated 7 -9 -1964 in respect of Ac. 0.035 d. of land for a consideration of Rs. 3,2001 -; Ex. 2, a registered sale deed dated 3 -2 -1965 in respect of Ac. 0.074 d. of land for a consideration of Rs. 9,000/ -; Ext. 1, registered sale deed dated 8 -6 -1966 if, respect of Ac. 0.040 d. of land for Rs. 8, 000/ -; Ex. 5, award of Sub -Judge, Cuttack dated 12 -3 -1965 in respect of plot No. 481 acquired for the very project in question in which valuation was fixed at Rs. 3,000/ - per gunth; Ex. 7, award of Sub -Judge, Cuttack dated 19 -7 -1967 in respect of plot Nos. 23, 31, 102 and 105 acquired for the very project in question in which valuation was fixed at Rs. 3,000/ - per gunth; and Ex. 6, award of the Sub -Judge, Cuttack dated 29 -7 -1967 in respect of plot Nos. 160 and 162 and other plots acquired for this very project in which valuation was fixed at Rs. 3,000/ - per gunth. On behalf of the Collector one witness was examined and two documents were exhibited, viz., Ex. A which is a classification statement dated 20 -11 -1961 and Ex. B, a registered sale deed dated 25 -8 -1961 in respect of Ac. 0.047 d. of land in plot No. 489 in which the rate was Rs. 200/ - per gunth.