(1.) THESE three appeals have been preferred by the State challenging the correctness of the award passed by the Learned Subordinate Judge, Berhampur in L.A.M.J.C. Nos. 259, 260 and 263 of 1977.
(2.) LANDS belonging to the claimant -Respondents were acquired for the purpose of Berhampur -Khajuria By -pass Road, N.H. 5 vide notification under Section 4(1) of the Land. Acquisition Act (hereinafter to be called, as "the Act) issued on 17.12.1970 and subsequent notification dated 22.4.1975 published in Orissa Gazette No. 696 dated 16.5.1974. The Land Acquisition Officer (acquiring authority) awarded compensation of Rs. 8,820.50 including solatium of Rs. 1150.50 to Somanath Padhi in MJC No. 260 of 1977 Rs. 12,851.25 including solatium of Rs. 1675.25 to Sri. Uttareswar Mahaprabhu in MJC No. 259 of 1977 and Rs. 5,778.75 including solatium of Rs. 753.75 to Smt. Amulya Padhi in MJC No. 263 of 1977. Not being satisfied with the said awards, the claimants prayed for reference of the matter to the civil Court for adjudication of the proper market value of the lands and accordingly the matters came up before the Learned Civil Judge in the above noted M.J.Cs.
(3.) MR . Sangrani Das, Learned Addl. Standing Counsel appearing for the Appellants submits that the initial award was passed by the referral Court on 7.12.1979 which was prior to 30.4.1982 when the amended Act came into force and therefore, even if fresh award was passed by the referral Court after 30.4.1982, the claimants would not be entitled to the benefit of enhanced rate of solatium and interest as the initial award would be taken as the award under Section 26(1) of the Act. In support of this contention, he relies the case of Union of India and Anr. v. Raghubir Singh (dead) by LRs etc. : AIR 1989 SC, 1933 and in the case of The Collector, Cuttack v. Saraswati jena and Ors., 1991 (II) OLR (F.B.), it.