LAND ACQUISITION ZONE OFFICER Vs. DHOBANI SAHU

JUDGEMENT

(1.) THIS is an appeal by the State against the award passed by the learned Civil Judge (Senior Division), Angul in L.A. Misc. Case No. 14 of 1998 in connection with land measuring A.0.42 decimals appertaining to Plot No. 126/1610 and Khata No. 117 of village Jamunda belonging to the respondents which was acquired for Talcher -Sambalpur Rail Link vide declaration dated 5.3.f1986 published in E.O.G. No. 363 dated 31.3.1986. The Land Acquisition Zone Officer, Talcher -Sambalpr Rail Link after conducting an enquiry under Section 11 of the Land Acquisition Act, 1894 (for short 'the Act') awarded a sum of Rs. 4,460.74 paise for the acquired land and the trees standing thereon. Not being satisfied with the quantum of compensation, the respondents demanded reference of the matter to the Civil Court under Section 18 of the Act and consequently the matter came before the learned Civil Judge (Senior Division), Angul in the above noted LA case.

(2.) TO justify higher rate of compensation the claimant -respondents examined one witness and produced the certified copies of the judgment of the Land Acquisition Misc. Case Nos. 1 of 1990 and 144 of 1994 and the registered sale -deed No. 4870 dated 16.12.1982 which were marked as Exts. 1 to 3 respectively. The Land Acquisition Zone Officer (appellant -OP) did not examine any witness; but produced claim petition of the respondents which was marked as Ext. B. On the basis of these evidence and the surrounding circumstances, the learned Civil Judge estimated the market value of the acquired land at Rs. 14,700/ - and the standing trees at Rs. 6,000/ -. He directed payment of compensation accordingly along with statutory benefits available under the Act. The said award is under challenge in this appeal.

(3.) THOUGH the respondents received notice and engaged counsel, no one is in attendance despite repeated calls.