STATE OF ORISSA Vs. PURNA CHANDRA PRADHAN

JUDGEMENT

(1.) THIS is an appeal by the State against the order of learned Sub -ordinate Judge, Cuttack in L.A. Case No. 286 of 1978 enhancing the quantum of compensation fixed by Land Acquisition Collector, Cuttack in respect of the land of the respondents.

(2.) THE appellant acquired A.0. 212 dec. of land appertaining to plot Nos. 1316, 1315, 1317 and 1319 under Khata No. 538 of Mouza Bara Bisinabar, Cuttack belonging to respondents for construction of staff quarters of Judicial Officers at Cuttack. The Land Acquisition Collector awarded compensation for the acquired land at the rate of Rs. 1 lac per acre. But the respondents were not satisfied with that award and prayed for reference of the matter under Section 18 of the Land Acquisition Act. The matter was accordingly referred to learned Sub -ordinate Judge, Cuttack, who conducted inquiry and passed the impugned order. In that proceedings, the respondents examined respondent No. 1 as p.w.1 and one Advocate's Clerk, as p.w.2 and produced some documents, namely, certified copy of sale deeds and order passed by learned Subordinate Judge, Cuttack in L.A. Case No. 223 of 1978. The appellant examined one witness and produced some sale deeds. Learned Sub -ordinate Judge did not rely on the certified copies of the sale deeds as neither the vendor nor vendee or scribe was examined to prove the contents of those documents. He similarly discarded the sale deeds, which were produced by the appellant, as those documents were never taken into consideration by the Land Acquisition Collector while assessing the quantum of compensation of the land of the respondents. Learned Sub -ordinate Judge, however, relied on Ext. 1, the order in L.A. Case No. 223 of 1 978 as the land involved in that case is situated in the same locality as that of the acquired land of the respondents and has the same advantage and potency as that of the acquired land and accordingly awarded compensation @ Rs. 8,000/ - per gunth, the same rate which had been awarded in L.A. Case No. 223 of 1978. Aggrieved with such order, the State has now preferred the present appeal.

(3.) THE respondents offered no argument.