LAN ACQUISITION OFFICER-CUM Vs. CHANDADEVI JAIN

JUDGEMENT

(1.) THIS First Appeal is directed against the award dated 9th December, 1994 passed by the learned Civil Judge (Senior Division), Nuapada in MJC No. 60 of 1992 in a reference under Section 18 of the Land Acquisition Act (hereinafter referred to as "the Act") whereby the Court below has determined the market value of the acquired land at higher side without any materials on record.

(2.) THE brief facts of the case as narrated in record are as follows:

(3.) THE learned Civil Judge framed as many as two issues to consider the objection of the claimants. Though the referral Court determined the value of the land at Rs. 10/ - per square feet, claimants claimed that since the value of the land has increased from Rs. 61 to Rs. 89/ -, they are entitled to Rs. 2000/ - per decimal in respect of the acquired land. But the judgment passed in First Appeal No. 155 of 1975 reveals that this Court determined the rate of land at Re. 0.50 paise per square feet for the acquired land. Learned Counsel for the Appellants submitted that since the Court below has misread and misinterpreted the judgment and on a guess -work determined the rate of the land at Rs. 20,000/ - per decimal, the same may be set aside. This Court in First Appeal No. 33 of 1994 disposed of on 14.11.2007 determined the value of the similar land at Rs. 1500/ - per decimal since in the aforesaid Notification was made in the year 1988 but in the present since the Notification was made in the year 1989 and the price of the land is rising day by day this Court determines the acquired land at Rs. 2000/ - per decimal.