LAND ACQUISITION OFFICER Vs. MAHALAKSHMI PANDA

JUDGEMENT

(1.) These two appeals are directed against the judgments of the learned Subordinate Judge, Berhmapur under the provisions of Land Acquisition Act, 1894 (in short 'the Act') in respect of lands acquired for the purpose of construction of bus stand and station office etc. by the Orissa Road Transport Company Limited, Berhampur by declaration No. 31354 dated 28-4-1976 published in Part III of the Orissa Gazette Extraordinary No. 717 dated 4-5-1976. Respondent in each case was the land owner. The extent of land acquired in respect of Smt. Mahalakshmi Panda is Ac 0.171 decimals whereas in respect of Smt. Mahalakshmi Panigrahi it is Ac. 0.267 decimals. The Land Acquisition Officer fixed the rate at Rs. 48,000/- per acre. The claimants claimed higher compensation and accordingly the matter was referred to the learned Subordinate Judge under S. 18 of the Act.

(2.) The dispute in these appeals relate to the reasonableness of the prices fixed by the learned Subordinate Judge in respect of the lands acquired and, therefore, the appeals were heard together.

(3.) The learned trial Judge fixed the rate at Rs. 70,000/- per acre. According to him, the sale statistics, Exts. A and B in F. A. Nos. 130 and 139 of 1987 respectively, provided by acquiring authority to fix the quantum as aforesaid, was not acceptable. The learned counsel for the State submitted that the sale statistics furnished by the acquiring authority that the sale statistics furnished by the acquiring authority have been discarded without any reasonable basis. It is further submitted that the exhibits regarding sale-deeds relied on by the learned trial Judge relate to a very small piece of land and, therefore, they do not provide safe guidelines. The learned counsel for the claimants on the other hand supported the award.