MARKANDA CHARAN SAHOO Vs. L A COLLECTOR

JUDGEMENT

(1.) HEARD further argument from the parties, hearing is concluded and the Judgment is as follows.

(2.) LAND Acquisition Case No. 2 of 1982 was registered in the Court of Sub -ordinate Judge, Jagatsinghpur (presently known as Civil Judge, Senior Division) on the reference made by the Land Acquisition Collector, Cuttack under Section 30 read with Section 18 of the Land Acquisition Act, 1948 (in short 'the Act'). It reveals on record that under Declaration No. 33849, dated 03.05.1977 Ac.0.06 decimals of 'Sarada' variety of land from plot No. 285 under Khata No. 32 and Ac.0.08 decimals of 'Sarada' variety of land under Plot No. 283 under Khata No. 78, both in Mouza Hitarana under Tirtol Police Station was acquired. The L.A. Collector determined the rate of compensation under Section 11 of the Act @ Rs. 3000/ - (three thousand) per area. On determination of the quantum of compensation he entertained objection of Markanda Charan Sahu (Appellant in F.A. No. 1/9 of 1991) as the purchaser of Ac.0.04 decimals out of Ac.0.06 decimals of land from Plot No. 285. The said Appellant also claimed for compensation at higher rate for the land acquired. Appellant also led claim for damage and compensation for damage to the house constructed for running a rice -huller and shifting of the business because of the acquisition. Accordingly, Appellant led a claim of compensation @ Rs. 2500/ - (two thousand five hundred) per 'Gunth', Rs. 12,000/ - (twelve thousand) for shifting of the rice -huller and Rs. 5,000/ - (five thousand) towards damage.

(3.) AFTER the aforesaid award, the L.A. Collector, Cuttack on 02.01.1991 filed First Appeal No. 4 of 1991 as against the aforesaid award dated 11.09.1990. On the other hand Markanda Charan Sahu filed Misc. Case No. 414 of 1990 in the Court below for review of the order so as to calculate compensation on Ac.0.11 decimals of land from plot No. 283. Learned Sub -ordinate Judge allowed that review application and modified the quantum of compensation for Ac.0.11 decimals so far as plot No. 283 is concerned. Markanda Charan Sahu has filed First Appeal No. 119 of 1991 challenging to the award dated 11.09.1990 on the ground that the rate at which the compensation has been awarded is grossly inadequate and the Court below committed error in not granting compensation on account of shifting of the rice -huller.