LAWS(ORI)-1985-8-18

COLLECTOR Vs. HRUDAYACHANDRA PRADHAN

Decided On August 12, 1985
COLLECTOR Appellant
V/S
Hrudayachandra Pradhan Respondents

JUDGEMENT

(1.) The award passed by the learned Subordinate Judge, Dhenkanal, on a reference made under Section 18 of the Land Acquisition Act (for short, the 'Act') is under challenge in this appeal. Lands measuring an area of 18.27 acres were acquired by the State Government for public purposes. The Land Acquisition Collector valued the land at Rs. 60/ - per gunth at a flat rate. The respondents Nos. 1 and 2 received the compensation awarded by the Land Acquisition Collector under protest and claimed higher valuation for the lands at Rs. 250/ - per gunth. They led evidence before the learned Subordinate Judge who valued the lands at Rs. 100/ - per gunth. The respondents Nos. 1 and 2 were, awarded a sum of Rs. 22, 996.80 paise towards the compensation along with interest thereon at the rate of 6 per cent per annum with effect from May 11, 1968 till its realisation.

(2.) THE learned Advocate General has raised but one question, viz., the valuation of the land, which, according to him, has been assessed by the learned Subordinate Judge on the higher side while it has been contended on behalf of the respondents Nos. 1 and 2 that the valuation has been proper on the basis of the oral and documentary evidence put in by the petitioners -respondents against which no evidence was led by the appellant. - -

(3.) THE appeal fails and is dismissed leaving the parties to bear their own costs of this appeal. I agree.