LAND ACQUISITION OFFICER Vs. NANDA KISHORE PATWARI

JUDGEMENT

(1.) THIS is an appeal preferred by the State against the order dated 17.12.1981 passed by the learned Subordinate Judge, Bargarh in L. A. Misc. Case No. 60 of 1981 enhancing the quantum of compensation awarded by the Land Acquisition Collector for the acquired land of the respondent.

(2.) AC . 0.38 dec. of land in Plot No. 2987 of holding No. 213 of Bargarh belonging to the respondent was acquired for the Co -operative Sugar Mill, Bargarh. The Land Acquisition Collector awarded compensation of Rs. 1311/ - and statutory interest thereon for the said land of the respondent. Not being satisfied with the said award, the respondent prayed the Land Acquisition Collector to refer the matter to the Subordinate Judge, Bargarh under Section 18 of the Land Acquisition Act for determining his claim for higher compensation. The respondent claimed that the rate of compensation for the acquired land should be Rs. 1000/ - per dec. as that was the prevalent market rate of the locality and compensation should be paid for Ac. 0.42 dec. of land instead of Ac. 0.38 dec. as his Ac. 0.42 dec. of land has been occupied by the Co -operative Sugar Mill. To substantiate his plea, the respondent examined himself as P.W.1 and another witness, Siba Charan Jena as P.W.2, who had purchased Ac. 0.02 of land in the locality for Rs. 1500/ -. The claim of occupation of Ac. 0.42 dec. of land by the Sugar Mill having not been seriously disputed, the learned Subordinate Judge ruled that the respondent is entitled to get compensation for Ac. 0.42 dec. of land. He, however, did not accept the sale deed of P.W. 2 as the standard for fixing the compensation because it was a small chunk and not similar to the acquired land. He also did not accept the sale deed produced by the appellant showing sale of Ac. 0.45 dec. of land for Rs. 1400/ - as those lands were not similar in situation and potency as that of the land of the respondent. Taking an over -all measure of the situation and the evidence, learned Subordinate Judge held that the prevalent market rate of the lands of the locality similar to that of the acquired land of the respondent would be Rs. 200/ - per dec. and accordingly enhanced the award.

(3.) THERE is no dispute that the land in plot No. 1937/9044 measures Ac. 0.42 dec. and was the property of the respondent. Notification was issued acquiring Ac. 0.38 dec. of land of that plot, but evidence available on record indicate that the entire Ac. 0.42 dec. of that plot is now under the occupation of the Co -operative Sugar Mill and the land is within their enclosure. O.P.W. 1 also admits this fact. When the entire Ac. 0.42 dec. of land of the respondent is under the occupation of the Co -operative Sugar Mill, the award of compensation for the entire Ac. 0.42 dec. of land was just and proper. Regarding the rate of compensation one has to take into consideration the location, advantages, potency and market price of the land in question. Besides the above factors the authority has also to apply its experience and prudence which includes some amount of conjecture and guess work also. In the present case, evidence of the witnesses disclose that railway quarters, shops, school, spinning mill, some private houses are available near the acquired land. It is also to be noted that it was a flat 'Ata' land, which was considered fit for construction of a sugar mill campus. Such land in a town like Bargarh would certainly carry reasonable market price. So, the award of compensation at the rate of Rs. 200/ - per dec. was rather on the lower side.