BAHA MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal under Section 54 of the Land Acquisition Act, 1894 has been filed by the claimant challenging an order passed by the referral Court in a reference under Section 30 of the Act under Land Acquisition Act 1894. Perusal of the order & the L.C.R. reveals that the reference was made by the Zone Officer, Special Land Acquisition, Subarnarekha Irrigation Project, Deuli in Land Acquisition Case No. 01 of 1996. Besides the present Appellant standing as a claimant; one Kapna Majhi & others of village Betanoti also raised their objections advancing their claim over the compensation of Rs. 95,900 assessed by the Land Acquisition Officer for payment under award No. 12 on account of acquisition of land measuring Ac. 4.07 decimals in mouza Betanoti.

(2.) THE referral Court has dismissed the reference. On going through the order passed by the referral Court, it is seen that in view of non -supply of detail particulars such as the names & addresses of claimants other than the Appellant, the reference was not taken up for hearing on merit in the matter of competing claims for a decision as to who are entitled to get the said compensation & if so to what proportion. The Court has found his hands to have been tied down for not being able to secure the attendance of the claimants for non -supply of their detail address for service of notice. Thus the reference has been dismissed & most interestingly showing to have been so done on contest. All these, show as to how callously, the Land Acquisition Officer has dealt with the matter in a most cavalier fashion & as it appears being the Land Accusation Officer entrusted with onerous duty, he was not aware of the rudimentary procedures in making a reference under Section 30 of the Act even not filling the column No. 4 of Form No. 19 properly. But unfortunately, the referral Court has also not legged behind in following the same path that in such state of affair instead of returning the reference to be submitted again with better particulars, it has gone to record evidence of the Appellant & then lastly has dismissed it which in a way has been perceived by the claimant -Appellant that his claim has been negated & hence he has approached this Court in appeal further without being properly advised.

(3.) AT this stage, it may be stated that after the Land Acquisition Collector assessed the compensation for acquisition of land measuring an area Ac. 4.07 decimals in mouza Betnoti, the following persons: -