LAND ACQUISITION OFFICER Vs. DASA GOUD

JUDGEMENT

(1.) THIS appeal has been filed by the State against the award passed by the learned Civil Judge (Senior Division), Bhawanipatna in MJC No. 4 of 2001 answering a reference under Section 18 of the L.A.Act.

(2.) AC . 1.08 dec. of land appertaining to Holding No. 46, Plot No. 9 of village Budhipadar in the district of Kalahandi belonging to the claimants -respondents was acquired for the construction of Turla Minor Irrigation Project vide Government notification No. 18059 dated 23.3.1999, and declaration No. 59667 dated 7.12.1999. The Land Acquisition Collector after conducting enquiry under Section 11 of the Act awarded compensation for Rs. 34,080/ - including solatium to the claimants. Being dissatisfied with the said amount of compensation, the claimant -respondents 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 (Senior Division), Bhawanipatna in the above noted M.J.C.

(3.) MR . Sangram Das, learned Counsel appearing for the appellant submits that the impugned award is very much on the higher side and is not supported by any cogent evidence and therefore, the same is unsustainable.