COLLECTOR CUTTACK Vs. JAYASRI DEBI

JUDGEMENT

(1.) This is an appeal under S.54 of the Land Acquisition Act, 1894 (for short the Act').

(2.) By a declaration of the year 1962, some lands of the respondent were acquired for the purpose of construction of a Link Road in Cuttack town. The dispute in the present case relates to 103 decimals of land with a house, compound wall and portion of a tank. Not being satisfied with the compensation, respondent claimed for reference for determination of the market value. On reference, the trial court has determined the rate of land per acre to be Rs. 50,000/-. So far as the house is concerned, the learned Subordinate Judge has awarded Rs. 3,000/- and for the compound wall he has awarded Rs. 6,000/-.

(3.) Learned Advocate General submitted that the valuation of the land, house and the compound wall as in this case is not based on materials and ought not to have been granted. According to the learned Advocate General, a small area of 103 decimals would carry no value of a homestead since it will be of no use to any person purchasing the same. According to him, the house was in a dilapidated condition and would carry no value excepting the value of the construction materials. So far as the compound wall is concerned, it was submitted that the wall was not constructed in accordance with municipal rules. Accordingly, there would be no scope for giving compensation for the compound wall, but the claimant would be entitled to the cost of the materials only.