DIPTILATA PANIGRAHI Vs. LAND ACQUISITION COLLECTOR BALASORE

JUDGEMENT

(1.) These two cross-appeals under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), one by claimant and the other by the Company for whom the land was acquired, are heard together dispensing with the preparation of paper books with consent of Parties.

(2.) Land of various owners were acquired for Tyre and Tube Project of the Company in villages Bampeda and Chhanapur near Balasore town. Notification under Section 4(1) of the Act was published in the Orissa Gazette Extraordinary No. l175 dated 1-9- 1986. Revenue village Chhanapur is on the National Highway No. 5 where claimant had 3 acres 50 decimals of land which were acquired.

(3.) Land Acquisition Officer classified the entire area to be of two categories. 1 acre 80 decimals were held to have better advantages being adjacent to National Highway and the balance 1 acre 70 decimals were treated to have lesser advantages. Accordingly, Land Acquisition Officer offered compensation for 1 acre 80 decimals at the rate of Rs. 50,000 / - per acre and for the balance 1 acre 70 decimals he offered compensation at the rate of Rs. 30,000 /- per acre. Claimant who was demanding compensation at the rate of two lakhs rupees received the compensation under protest requesting for reference to Court for determination of market value. On that basis, Land Acquisition Collector made a reference to Court under Section 19 of the Act.