STATE OF ORISSA Vs. HIMADRI SAHU

JUDGEMENT

(1.) These are appeals filed by the State against the awards passed by the learned Civil Judge (Senior Division), Deogarh in L.A. Case Nos.98/98, 25/98, 79/98, 123/98, 11/99, 21/99, 129/98, 7/99,23/99, 96/98, 60/99, 73/98,26/99, 36/99, 36/96, and 82/98 answering the references under Section 18 of the Land Acquisition Act (in short, 'the Act') made by the concerned Land Acquisition Zone Officer for determination of the proper market value of the acquired lands.

(2.) THE lands belonging to the claimants -respondents of the above noted appeals were acquired by the State of Orissa for the purpose of Rengali Dam Project vide notification under Section 4(1) of the Act. The Land Acquisition Zone Officer, Deogarh after conducting enquiry under Section 11 of the Act awarded respective compensation to the claimants -respondents for the acquired lands and trees. Not being satisfied with the quantum of compensation, the claimants -respondents filed separate protest petitions demanding reference of the matter to the Civil Court for determination of the correct market value of the acquired lands. Consequently, the matters came up before the learned Civil Judge (Senior Division), Deogarh in the above noted L.A. Misc. Cases.

(3.) THERE is no dispute about the acquisition of lands of the claimants -respondents for the purpose of Rengali Dam Project and the extent thereof. There is also no dispute about the legality of use of capitalization method for determining tho market value of the acquired lands. The uniform controversy in these appeals is about the number of multiplier used by the learned referral Court.