STATE OF ORISSA Vs. DOLA BIHARI NANDA

JUDGEMENT

(1.) THIS is an appeal filed by the State against the award passed by learned Civil Judge (Senior Division) Deogarh in L.A. Case No.29 of 2000 answering a reference under Section 18 of the Land Acquisition Act (hereinafter referred to as 'the Act).

(2.) AC .15.51 decimals of land under Khata No.11 of village -Rengta under Naikul P.S. belonging to the claimant -respondent was acquired for the purpose of Rengali Dam Project under Section 4(1) notification dated 6.1.1975. After enquiry under Section 11 of the Act, the Land Acquisition Collector awarded a compensation of Rs.81,991/ - for the acquired land, trees and house standing on those lands. The claimant -respondent received that amount under protest and prayed for reference of the matter to the Civil Court for adjudication of the proper market value of the lands. That is how, the matter came up before the learned Civil Judge.

(3.) MR . Sangram Das, learned Counsel for the State submits that the referral Court did not appreciate the evidence regarding the value of the land, house and trees properly. He states that the award is very much on the higher side.