SPECIAL LAND ACQUISITION OFFICER Vs. BISHIKESHAN BISWAL

JUDGEMENT

(1.) THIS is an appeal under Section 54 of the Land Acquisition Act (in short, 'the Act') filed by the Special Land Acquisition Officer, Lanjigarh Road -Junagarh Rail Link Project, Bhawanipatna challenging the award dated 22.11.2001 passed by the learned Civil Judge (Senior Division), Bhawanipatna in M.J.C. No. 63 of 2001.

(2.) ON the basis of notification under Section 4(1) of the Act, Ac. 0.60 decimals of Berna kisam land appertaining to Plot Nos. 204 and 205 under Khata No. 77 of village -Udaypur in the district of Kalahandi belonging to the respondent No. 1 was acquired for construction of Lanjigarh Road -Junagarh Rail Link Project, as per Government Notification No. 16292 dated 08.4.1996 and declaration No. 3473 dated 21.1.1997. After conducting necessary inquiry the appellant awarded a compensation of Rs. 13,175.33 paise in favour of the claimant (respondent No. 1), who received that amount under protest claiming higher compensation. On the prayer of the claimants 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 the rate of Rs. 8,000/ - per acre and directed compensation accordingly. 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. Mr. Mund appearing for respondent No. 1 supports the impugned order in every respect.