THE EXECUTIVE DIRECTOR, NALCO LTD. AND SPECIAL LAND ACQUISITION OFFICER, NALCO Vs. PRASADI AMANTA AND ANR.

JUDGEMENT

(1.) These two First Appeals are directed against the award dated 11.4.1996 passed by the learned Civil Judge (Senior Division), Angul in Land Acquisition Misc. Case No. 19 of 1991 in a reference under Sec. 18 of the Land Acquisition Act (hereinafter referred to as "the Act").

(2.) As per Gazette Notification No. 69 dated 16.2.1982 published under Sec. 4(1) of the Act, the State Government acquired different types of land of the claimant -respondent No. 1 measuring a total area of Ac.2.10 decimals appertaining to Holding No. 292 of Mouza Girang for construction of NAL Company The Special Land Acquisition Officer, Nalco, Dhenkanal awarded a total compensation of Rs. 39,456.73 paise for different types of land. He computed the compensation at different rates for different kissam of lands. The claimant -respondent No. 1 received the said compensation on protest and filed his objection claiming higher compensation which was referred to the civil court under Sec. 18 of the Act. The claimant's main contention was that the Special Land Acquisition Officer awarded the compensation for the acquired land at a lower side as the prevalent market price of the land at the time of notification was much more and he claimed compensation at the rate of Rs. 2,10,000/ -. Though the Government contested the case, they did not me any objection in this case.

(3.) In support of the claim for higher compensation, the land owner examined himself as P.W. 1 and after analyzing the evidence adduced by the claimant, the court below determined the compensation in respect of the acquired land at the rate of Rs. 20,000/ - per acre and held that the claimant was also entitled to all other statutory benefits.