STATE OF ORISSA Vs. TRIPURARY PRADHAN

JUDGEMENT

(1.) THIS is an appeal by the State against the order passed by learned Civil Judge (Senior Division), Deogarh inL.A. Case No. 31 of 2000 while answering a reference made under Section 18 of the L.A.Act by the Land Acquisition Zone Officer,Zone -II, Deogarh, for Rengali Dam Project.

(2.) AC . 1.55 decimals of land appertaining to Khata Nos. 91 and 13/9 of village Ganganon under Deogarh P.S. was acquired for the purpose of Rengali Dam Project under 4 (i) notification dated 16.6.1983 published in Orissa Gazette vide EGO No. 339 dt. 19.3.1984. The Land Acquisition Zone Officer, Deogarh after conducting inquiry under Section 11 of the Act awarded a compensation of Rs. 14,431.42 paise for the land, Rs. 1035.20 for the trees and Rs. 3491.97 paise for the house along with other statutory benefits. The claimant -respondents received the award under protest, and requested for reference of the matter to the Civil Court under Section 18 of the Act and in consequence, the matter came up before the learned Civil Judge, (Sr. Division), Deogarh in the above noted L.A. Case. The claimant -respondents examined two witnesses and did not produce any document. The L.A.Z.O. neither examined any witness, nor produced any document. Considering the evidence available on record, learned referral Court fixed the market value of the acquired land measuring Ac. 1.40 decimals at Rs. 28,000/ -, the acquired house at Rs. 50,000/ - and for acquired trees at Rs. 43,000/ -. The said award is under challenge in this appeal.

(3.) THE impugned award shows that learned referral Court after taking due note of the unrebuttal evidence of P.Ws. 1 and 2 and the rate of compensation awarded in First Appeal No. 55 of 1996 (State v. Iswar Pradhan) by this Court, fixed the market value of the acquired land @ Rs. 20,000/ - per acre. Similarly, taking note of the evidence of P.Ws. 1 and 2 and the location and size of the acquired house he concluded that the market value of the acquired house at the time of acquisition was never less than Rs. 50,000/ -. Such assessments of the market value of the land and house not only appear reasonable but also are in tune with the evidence on record and the rate of compensation awarded for similar properties of the area.