NABAKISHORE RAJGURU MOHAPATRA Vs. THE LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THIS appeal has been filed under Section 54 of the Land Acquisition Act, 1894 challenging the order dated 13.05.2005 passed by the learned Civil Judge (Senior Division), Rayagada in M.J.C. No. 12 of 2000.

(2.) THE appellant's land under Plot Nos. 51, 87 and 109 in village -Pitamahal in the district of Rayagada was acquired for the purpose of construction of canal of Bishnuguda Minor Irrigation Project by applying the emergency procedure under Section 17(4) of the Land Acquisition Act (in short 'the Act'). Notification under Section 4(1) read with Section 17(4) of the Act was issued on 10.06.1998 and subsequently declaration under Section 6(1) of the Act was issued. Award was passed by the Land Acquisition Officer on 07.09.2002 for an amount of Rs. 19,168/ - in favour of the appellant for acquisition of land to the extent of Ac.0.94 in plot Nos. 51, 87 and 109 including 30% solatium and 12% additional compensation. The appellant received the compensation on protest and filed application under Section 18 of the Act, on the basis of which, MJC No. 12 of 2000 was registered by the learned Civil Judge (Senior Division), Rayagada.

(3.) THE case of the respondent was that all relevant provisions and norms were followed and adequate field enquiry was made in assessing the market value of the land and accordingly compensation was fixed.