CHINTAMANI SAHU Vs. COLLECTOR

JUDGEMENT

(1.) This appeal arises out of a reference made under Section 18 of the Land Acquisition Act (hereinafter referred to as the 'Act') which was registered as Misc. Case No, 16 of 1968 in the court of the Sub-Judge. Cuttack and is directed against the reversing decision of the learned single Judge passed in First Appeal No. 160 of 1968 (Pat) reducing the amount of compensation determined by the Sub-Judge.

(2.) By notification under Section 4 (1) of the Act dated 22-5-1968. 16.355 acres of lands in one block were acquired for the public purpose of construction of police building in mouza Tulasipur. Out of this 16 acres and odd 2.185 acres appertaining to Plot No. 122 (0.286) of khata No. 280 and Plot No. 224 (0.156), Plot No. 228 (1.563) and Plot No. 228/1399 (0.180) of 'khata No. 224 belonged to the appellant. The last Plot No, 228/1399 is a fractional plot having a total area of 0.190 acre. Declaration under Section 9 (31 of the Act was served on the appellant who filed his claim on 12-9-1965. The Collector passed his award under Section 11 of the Act on 1-3-1967 and took possession on 15-9-1967.

(3.) The Collector awarded compensation for the land at the rate of Rupees 7,500/- per acre. Rs. 97.50 towards value of the tree standing on the acquired land as against higher claims, and solatium at the rate of 15 per cent, of the total amount of compensation determined for land and tree as aforesaid. Thus, in aggregate, the sum awarded was Rupees 18,957.75 paise.