(1.) This is an appeal under Sec. 54 of the Land Acquisition Act filed on behalf of the State of Orissa.
(2.) Ac. 1.31 decimals of Jala land, Ac. 0. 54 decimals of Jala Doyan land. Ac. 0.12 decimals of Goda Royam land and Ac. 0.14 decimals of Gharabari belonging to the claimant in village Khajurianali were acquired for the reservoir of Bengali Dam.Offer of the Land Acquisition Officer in the award made under Sec. 31 of the Act being low, claimant requested for a reference on the basis of which Land Acquisition Officer made a reference to Court. In trial Court claimant examined one witness basing where upon trial Court enhanced the compensation which is grievance of the appellant.
(3.) From the report of the assessment on the basis of which award was made by the Land Acquisition Officer, it is seen that there is no contemporaneous transaction in the area to form the basis for determination of the market value. Accordingly, Land Acquisition Officer adopted the method of capitalisation by taking into consideration 16 times the net annual yield of the land although claimant was demanding at the rate of 20 times the net annual yield. Besides, claimant was also asserting that the net annual yield would be much higher.