STATE OF ORISSA Vs. GIRIDHARI NAYAK

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment dated 18.12.1998 passed by the learned Civil Judge, Senior Division, Deogarh in L.A. Case No. 128 of 1998 in response to a reference made under Section 18 of the Land Acquisition Act, (hereinafter called 'the Act').

(2.) GOVERNMENT of Orissa acquired Ac.8.94 dec. of land out of Khata No. 48 of village Bhatasingh in the district of Deogarh belonging to the respondent for the purpose of Rengali Dam Project vide Notification dated 24.5.1980 issued under Section 4(1) of the Act and awarded a compensation of Rs. 31,906.10 paise to the respondent who had half share in the acquired land. The respondent felt that the compensation paid is grossly inadequate and prayed for referring the matter to the Civil Court under Section 18 of the L.A. Act. On such reference being made by the Land Acquisition Officer the matter came up before the learned Civil Judge (Sr. Division), Deogarh. In the L.A. Case the respondent examined 2 witnesses. The State did not adduce any evidence at all. Considering the available evidence and the surrounding circumstances, learned Civil Judge determined the annual yield and income of those lands and using 16 multiplier assessed the market value of the acquired lands. In the process the compensation amount got enhanced to Rs. 86,038.56. The present appeal is against that order.

(3.) NO argument is offered from the side of the respondent.