LAND ACQUISITION OFFICER Vs. APPARAO DORA AND ANOTHER

JUDGEMENT

(1.) This is an appeal under S. 54 of the Land Acquisition Act (hereinafter referred to as the Act') filed by the Land Acquisition Officer, Cross-objection has been filed by the claimants. Claimants having expired his legal representatives have entered appearance by filing as application to set aside the abatement, Since the legal representatives have themselves filed petitions for substitution, applications are allowed and the legal representatives are substituted and appeal is heard with consent of parties dispensing with preparation of paper book.

(2.) On basis of notification under S. 4(1) of the Act published in Orissa Gazette Extraordinary No. 1439 dated 11-9-1974, Ac. 1.45 decimals of land belonging to original claimant in Holding No. 58 in village Bhaliapalli were acquired as per declaration under S. 6 of the Act published in Orissa Gazette No. 1036 dated 22-6-1976 for construction of Post Office and Police-station of a Government Company along with land belonging to other owners. Land Acquisition Officer recommended to pay compensation at the rate of Rs. 6,000.00 per acre in his letter dated 6-11-1972. The same was not accepted as it did not represent the average sale statistics and appeared to be abnormal. Thereafter, on basis of a sale deed dated 1 -7-1974 estimate of compensation was made at the rate of Rs. 2121.00. This is found from true copy of the brief report filed by the Land Acquisition Officer which is in record. Claimant who was demanding compensation at the rate of Rs. 300.00 per decimal and compensation for the houses received compensation offered under protest and appeal for a reference under S. 18 of the Act. On that basis, reference was made to Court under S. 19 of the Act.

(3.) Claimant who stands in the position of plaintiff in a suit, examined two witnesses and proved an award of the Court dated 19-7-1980, marked Ext. 1 in support of his claim for higher compensation. Order dated 27-4-1977 for making awards under S. 11 of the Act in respect of the total area acquired has been filed on behalf of Land Acquisition Collector and marked as Ext. A Yadest Register has been marked as Ext. 8, Proclamation under S. 4(1) of the Act dated 6-1 -1975, was marked as Ext. C. Notice under S. 9 was marked as Ext. D. Two awards in respect of lands acquired for the same purpose in the same village under the same Notification were marked as Exts. E and F. Considering the aforesaid materials, trial court found that there are 16 houses in existence which were constructed 20 years before the deposition of P.W. 2 at a cost of Rs. 300.00 each and claimant is entitled to compensation at that rate. As regards land, distinguishing Ext. 1 and relying upon Ext. F. trial court held that market value of land per decimal would be Rs. 70.00. This appeal has been filed by the Land Acquisition Collector with cross -objection filed by the claimant.