STATE OF ORISSA Vs. BHANURANI DEVI

JUDGEMENT

(1.) HEARD .

(2.) AC . 8.48 decimals of lands appertaining to Plot No. 13, 30, 31, 32, 33, 34 and 35 under Khata No. 1/4 of village -Kanjiapal belonging to the claimant -respondents were acquired for Ashokjhari Minor Irrigation Project, Kanjiapal under declaration No. 17555 dated 16.3.1982. The Land Acquisition Officer after inquiry awarded a compensation of Rs. 1,27,650.20 including interest etc. for the acquired lands. The claimant -respondents received that amount under protest and prayed for reference of the matter to the Civil Court under Section 18 of the Act for adjudication of the proper market value of the acquired lands and that is how the matter came up before learned Civil Judge in the aforesaid L.A. Misc. Case.

(3.) MR . Sangram Das, learned Counsel appearing for the State submits that the market value assessed for the acquired lands is unreasonably high, that additional compensation @ 15% is not permissible as law provides for additional compensation of 12% only. He further states that the additional compensation and interest are payable from the date of notification under Section 4(1) of the Act and not from the date of taking over advance possession of the acquired lands in the year 1966. In support of his contention Mr. Das cited the cases of Siddappa Vasappa Kuri and Anr. v. Special Land Acquisition Officer and Anr. : AIR2001SC2951 and Smt. Lila Ghosh v. State of West Bengal, : AIR2004SC288 .