STATE OF ORISSA Vs. BHARAT CHANDRA NAYAK

JUDGEMENT

(1.) THE two First Appeals are by the State of Orissa under the provisions of the Orissa Development of Industries Irrigation, Agriculture, Capital Construction and Resettlement of Displaced Persons (Land Acquisition Act (Orissa Act 18 of 1948), hereinafter called 'the Act', against the awards dated 20 -2 -1953, passed by Sri B. C. Das, Arbitrator, Hirakud Dam project, Sambalpur, arising out of Arbitration Cases Nos. 182 and 183 of 1951. The Civil Reference has been made by Sri S. K. Mohatpatra, Subordinate Judge of Sambalpur, under Section 113, Civil Procedure Code, arising out of Title Suit No. 13 of 1952 in which the plaintiff (Bharat Chandra Nayak) prays for a declaration that the first proviso to Section 7(1)(e) of the Act is ultra vires.

(2.) UNDER the provisions of the Act, several plots of cultivated and waste lands in village Larpank were acquired by the Government Plaintiff -respondent Bharat Chandra Nayak is the sole Gountia of the said village Larpank. Out of 13.66acres of respondent's lands which were acquired under the provisions of the Act by the Government, 10.62 acres are Bhogra and 3.04 are gaonti -raiyati lands. There were quite a number of trees, standing on these lands, acquired under the provisions of the Act, such as, Mango, Tamarind, Mahul, Char, etc. The Government offered a sum of Rs. 4044 -8 -6, as compensation for the land and trees, but the respondent having objected to the amount of compensation laid his claim at Rs. 38,305/ -. In these circumstances, the matter was referred to the Arbitrator for fixation of compensation under R. 9 of the Rules framed under the Act. In the present case the notifications of acquisition were made on 22 -9 -1948, 21 -2 -1949 and 12 -3 -1949.

(3.) WE will now take up Article 31 of the Constitution which runs as follows;