STATE OF ORISSA Vs. ISWAR CHANDRA PRADHAN

JUDGEMENT

(1.) This is an appeal under Section 54 of the Land Acquisition Act (hereinafter referred to as 'the Act') against the award dated 25.2.2000 passed by the Learned Civil Judge (Sr. Divn.), Deograrh, in Land Acquisition Misc. Case No. 18 of 2000.

(2.) THE brief facts of the case leading to this appeal are stated herein below: The Government of Orissa proposed to acquire an extent of Ac.5.75 decimals of land from Khata No. 26 in village Banakola under Naikul Barkot Police Station for the purpose of Rengali Dam Project for which a Notification under Section 4(i) of the Act dated 27.8.1976 was published in the Orissa Gazette EOG No. 65185 dated 30.10.1978. The land acquired consists of agricultural land, gharabari and an orchard measuring an area of Ac.5.12 decimals, Ac.0.20 decimals and Ac.0.43 decimals respectively. The Land Acquisition Officer -cum -Collector, Deogarh awarded a total sum of Rs. 39,579.05 p. out of which Rs. 20,551/ - for agricultural land, Rs. 14,691.67 p. for house and Rs. 2,400.88 p. for standing trees and Rs. 5,162.48 p. towards compensation under Section 23(2) of the Act. The said amount has been received by the Respondent on protest.

(3.) THE Respondent in support of his claim adduced oral evidence, examined himself as P.W. 1 and another co -villager as P.W. 2 but did not adduce any documentary evidence. The Appellant did not adduce any evidence - either oral or documentary. On considering the evidence on record, the Learned Court below has held that the claimant was getting 20 quintals of paddy per acre and 4 quintals of mung per acre in the year of acquisition. The market value per quintal of paddy was Rs. 350/ - and Rs. 1200/ - per quintal of mung and he had spent half of the yield in cultivation. It has taken into consideration the yield of the land while assessing the value of the land. It has also relied on the decision of this Court in First Appeal No. 55 of 1996 decided on 12.3.1998 and fixed the market value of the land at the rate of Rs. 20,000/ - per acre, though there was no documentary evidence available in respect of the market value of the land. The petition filed by the claimant before the Learned Court below shows that the acquired house consisted of four living rooms, two cow -sheds surrounded with verandah which was constructed by brick and clay with cement plaster. The Learned Court below assessed the value of the house at Rs. 60,000/ - and awarded the said amount in respect of the house.