STATE OF ORISSA Vs. DARASANIA SAMAL

JUDGEMENT

(1.) The Land Acquisition Officer has filed this appeal under Section 54 of the Land Acquisition Act (hereinafter referred to as the 'Act') against the award dated 15 -11 -1986 passed by the Subordinate Judge, Deogarh, in a reference under Section 18 of the Act.

(2.) THE main dispute relates to the multiplier to be adopted in determining the market value of the land acquired under the Act for which declaration was published under the Act dated 9 -7 -1984 (published in the Orissa Gazette dated 12 -7 -1984) for Bengali Dam Project. The Land Acquisition Officer applying 16 years' multiplier assessed the compensation. On reference under Section 18 of the Act, the Subordinate Judge applied 20 years' multiplier and enhanced the compensation. The Subordinate Judge has granted additional amount under Section 23(1A) of the Act at the rate of 12 per cent from the date of notification till the date of award by the Collector. He has further granted solatium at the rate of 30 per cent in accordance with Section 23(2) of the Act as amended by Act 68 of 1984.

(3.) THE next question relates to additional amount under Section 23(1A), solatium under Section 23(2) and interest under Section 28 of the Act as amended by Act 68 of 1984. In this case the award of the Collector was passed on 18 -8 -1984 i. e., after 30 -4 -1982 when the Bill relating to Act 68 of 1984 was introduced in the Parliament. Therefore, keeping in view the provisions of Section 30 (1) and (2) of the amending Act (Act 68 of 1984) and the principles decided in the decision reported in AIR 1995 SC 1012 R.S. Paripoornan v. State of Kerala and Ors.) which has been followed by me in F. A. No. 139 of 1984 Land Acquisition Officer, Puri v. Rama Sundari Dei) disposed of on 30 -1 -1996 and F.A. No. 2 of 1387 (Land Acquisition Officer, Ganjam, Chhatrapur v. Bisweswar Rao) disposed of on 7 -2 -1996, the claimant is entitled to the benefits of the amended Act.