COLLECTOR Vs. RAMA CHANDRA SARANGI

JUDGEMENT

(1.) This appeal is directed against an award dated 3.2.1994 passed by the Learned Civil Judge (Sr. Divn.), Puri, in Land Acquisition Misc. Case No. 100 of 1991 on a reference made under Section 18 of the Land Acquisition Act (hereinafter referred to as 'the Act'). State is the Appellant.

(2.) THE brief facts of the case are as follows: The claimant -Respondent's land measuring an area of Ac.0.30 decimals in Plot No. 188 under Khata No. 136 in Mouza Brahmagiri was acquired by the State for construction of a bridge over the river South Kama. The acquisition was made in the year 1988 vide Declaration No. 51334 dated 8.8.1988 which was published in Extraordinary Orissa Gazette No. 1293 dated 6.9.1988. As the Kisam of the land was Sarada II, determining the market value of the land acquired at the rate of Rs. 12,000 per acre, the Land Acquisition Collector determined the compensation at Rs. 3600A for Ac.0.30 decimals of land along with other statutory benefits and awarded a total compensation of Rs. 5112/ -. The claimant -Respondent received the said amount on protest. Thereafter, he filed an objection claiming Rs. 2 lakhs per acre for the acquired land.

(3.) THE Learned Civil Judge (Sr. Divn.) accepted the claim of the claimant and determined the market value of the land at Rs. 2 lakhs per acre. Being aggrieved, the State Government has preferred this appeal on the ground that the award passed by the Learned Civil Judge (Sr. Divn.) is at a very higher side.