STATE OF ORISSA Vs. KISHORE CH. SAHU

JUDGEMENT

(1.) The Land Acquisition Officer has filed this appeal under Sec. 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 Sec. 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 Sec. 18 of the Act, the Subordinate Judge applied 20 years' multiplier and enhanced the compensation. The Subordinate Judge has granted additional amount under Sec. 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 Sec. 23(2) of the Act as amended by Act 68 of 1984.

(3.) In a series of cases arising out of the acquisition of land for the purpose of construction of Rengali Dam Project, this Court has decided that multiplier of 16 will be appropriate; (See F. A. Nos. 218, 220, 247 and 259 of 1986 (Land Acquisition Officer, Rengali and Bhimkund irrigation Project, Sambalpur Vs. Bakuli Charan Sahu etc) disposed of on 11-11-1387 and F. A. No. 155 of 1986 State of Orissa, represented by Land Acqisition Officer. Rengali and Bhimkund Irrigation Project, Deogarh) disposed of on 25-4-1989. Accordingly, it is directed that instead of applying 20 years' multiplier compensation should be calculated by applying 16 years' multiplier, as was done by the Land Acquisition Officer.