STATE OF ORISSA Vs. BANAMALI BABU

JUDGEMENT

(1.) THE question in this appeal is regarding Land Organisation, Sambalpur. The Arbitrator was appointed by the Government of Orissa in exercise of the powers conferred by Section 7(1)(b) of the Orissa Development of Industries, Irrigation, Agricultural, Capital Construction and Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (hereinafter referred to as Orissa Act 18 of 1948) to determine the compensation of the lands acquired under the said Act in land acquisition proceedings in connection with the Hirakud Dam Project.

(2.) THE lands in question 55.49 acres are ryoti lands of the objector -Respondent in village Talpadar in the district of Sambalpur. They were acquired by the Government under the Land Acquisition Act (Act I of 1894) by two notifications, namely Notification No. 11500 -L.A./130 -R dated October 26, 1948 and Notification No. 979 dated April 9, 1949. Actual possession was however taken by Government only on March 25, 1949 and June 8, 1949 respectively.

(3.) WHILE remanding the case to the successor Arbitrator this Court had indicated that the character of these ryoti lands in Sambalpur district governed by the Central Provinces Tenancy Act, 1898 is somewhat peculiar they being neither wholly non -saleable nor freely saleable.