LAND ACQUISITION OFFICER Vs. RAMA SUNDARI DEI

JUDGEMENT

(1.) Land Acquisition Officer, Puri, has filed this appeal under Section 54 of the Land Acquisition Act (hereinafter referred to as the 'Act') against the award dated 16-3-84 passed by the Subordinate Judge, Puri, in a reference under Section 18 of the Act.

(2.) An area of Ac. 0.80 decimals appertaining to Plot Nos.195, 196 and 405 in mousa Inchal was acquired by the Government by notification dated 17-5-80. The Land Acquisition Officer passed award on 14-3-83 and granted Rs. 9,441.67 paise including solatium at the rate of 15 per cent. The Land Acquisition Officer had inter alia fixed Rs. 11,100/- per acre for Bari land. Being dissatisfied, the respondent filed an application for enhancement for compensation and accordingly the matter was referred to the Subordinate Judge, Puri, under Section 18 of the Act. So far as Plot No. 196 with an area of Ac. 0.10 decimals is concerned, the Subordinate Judge found that the calculation given by the Land Acquisition Officer was correct. So far as the balance Ac. 0.70 decimals of land from Plot Nos. 195 and 405, the Subordinate Judge treating the same to be Bari land has directed that compensation should be paid at the rate of Rs.19,231 per acre instead of Rs. 11,100/- as calculated by the Land Acquisition Officer. The Subordinate Judge has also directed for payment of compensation at the rate of 15 per cent and has granted Rs. 15,860.62 in all.Against the aforesaid award of the Subordinate Judge this appeal has been filed by the Land Acquisition Officer.

(3.) It is contended by the learned counsel appearing for the State that the rate adopted by the Subordinate Judge is not correct. It is further contended that the Subordinate Judge should not have treated the land appertaining to Plot Nos. 195 and 405 as Bari land.