SPECIAL LAND ACQUISITION OFFICER Vs. BIRA CHHATAR

JUDGEMENT

(1.) THIS is an appeal by the Special Land Acquisition Officer, Lanjigarh Road, Junagarh Rail Link Project, Bhawanipatna (hereinafter called 'LAO') against the order passed by the Learned Civil Judge (Sr. Division), Bhawanipatna in M.J.C. No. 54 of 2001 answering a reference under Section 18 of the Land Acquisition Act (in short, 'the Act').

(2.) ON the basis of notification under Section 4(1) of the Act, Ac.0.33 decimals of land under holding No 45 and Plot No. 93 of mouza Gobardhanpur in the district of Kalahandi belonging to the claimant respondent No. 1 was acquired for construction of Lanjigarh Road - Junagarh Rail Link Project, as per Government Notification No. 45478 dated 19.9.1997 and declaration No. 50352 dated 22.9.1998. After conducting necessary inquiry the appellant awarded a compensation of Rs. 6871/ - in favour of the claimant (respondent No. 1) who received that amount under protest claiming higher compensation. On the prayer of the claimant the matter was referred to learned Civil Judge (Senior Division), Bhawanipatna under Section 18 of the Act for adjudication of the dispute regarding quantum of compensation. Learned Civil Judge (Senior Division), Bhawanipatna received evidence of the parties assessed the value of the acquired land at Rs. 43,0007 - and directed compensation accordingly with interest at the rate of 12% per annum on such differential market value from the date of publication of the notification under Section 4(1) of the Land Acquisition Act till the date of award or the date of taking over possession of the case land whichever is earlier. Challenging the said enhancement the present appeal has been preferred.

(3.) MR . Sangram Das, learned Addl. Standing Counsel challenges the impugned order on the ground that it is based on surmise and conjecture. Learned Counsel appearing for respondent No. 1 supports the impugned order in every respect.