STATE OF ORISSA Vs. PURNANANDA BISWAL AND OTHERS

JUDGEMENT

(1.) This is an appeal under Sec. 54 of the Land Acquisition Act by the Land Acquisition Collector. No cross-objection or independent appeal has been filed by the claimants.

(2.) 17 acres 39 decimals of land claimed as Sarad/19, Sarad/6 and Sarad as revealed from the award under Sec. 11 of the Act belonging to 89 persons in village Kuagaon within Kakatpur Police Station of Puri District were acquired for the fishing department for construction of office, Store and garage. Notification under Sec. 4 (1) of the Act was published on 7-4-1981 as stated on behalf of appellant on instructions. Land Acquisition Officer made the award under Sec. 11 of the Act on 6-9-1983 at the rate of Rs.5,700.00per acre. Claimants were demanding compensation at the rate of Rs.97,000.00 per acre. Therefore, receiving compensation offered under protest, they applied under Sec. 10 of the Act for a reference on basis of which Land Acquisition Collector made a reference to Court under Sec. 19 of the Act.

(3.) Claimants who stand in the position of plaintiffs in a suit, examined three witnesses and proved two sale deeds dated 27-4-1980 and 8-5-1981 marked as Exts. 1 and 2. Land Acquisition Officer neither examined any witness nor produced any document except the copy of award under Sec. 11 of the Act and application of claimants to make a reference. Trial court has determined the market value at Rs. 12,000.00 per acre which is grievance of appellants.