ASUTOSH GIRI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the order dtd. 4/4/2011 passed by the learned Civil Judge (Sr. Division), Jaleswar in L.A. No.12 of 2010 answering the reference made under Sec. 18 of the Land Acquisition Act confirming the awards granted by the Land Acquisition Collector in respect of the land of the present appellant acquired by the Government of Odisha.

(2.) The Government of Odisha pursuance to the notification dtd. 19/5/2006 under Sec. 4(1) read with Sec. 17 of the Land Acquisition Act acquired Ac.28.066 decimals of land comprising of several plots situated in village Padhiharipur under Jaleswar Police Station in the district of Balasore for re-location of one check gate. Two plots measuring to an extent Ac.0.57 decimals of the land of the appellant were within the said acquired lands. The Land Acquisition Collector made an award under Sec. 11 of the Land Acquisition Act fixing Rs.15,13,000.00 as compensation for the land, i.e., @ Rs.9,000.00 per decimals, Rs.4,92,623.00 as compensation for the houses, Rs.22,000.00 for the trees besides other statutory benefits, totaling to an amount of Rs.15,31,496.00. The appellant received the compensation under protest and made a request for reference claiming higher rate of compensation. In the reference, he submitted that his two plots situated adjoining National High Way No.60 and with an intention of setting up an hotel, the appellant had purchased the said land in the year 2004. It was an agricultural land and after getting his name mutated, the appellant got the land converted to homestead variety by depositing the required premiums. He filled up the land with sand and earth, constructed pucca boundary wall, constructed accommodation for care taker and watchman and also bore a tube-well. He further submitted that he purchased the required materials for construction of boundary wall, care taker houses and other materials spending huge amount of money. Thereafter, he also planted different varieties of costly fruit bearing and other trees on his land. He also made an application to a Branch of United Bank of India for sanctioning of loan for his proposed hotel and the Bank had agreed to advance the loan of Rs.1,60,00,000.00 for the said purpose. He also pleaded that the said land being on the side of the National High Way, the hotel business was supposed to earn huge profit since thousands of vehicles are passing on the road every day. He further submitted that the village, where the acquired land situated, did not have any inhabitants and all the lands except the land of the appellant were agricultural land admittedly. But, homestead land in the adjoining village, namely, Santia was sold at Rs.46,136.00 per decimals before publication of the notification and that was not considered by the Land Acquisition Collector while awarding the compensation. The appellant had also filed the certified copy of the said registered sale deed. On the aforesaid submissions, he claimed Rs.20,29,752.00 towards the price of land, i.e., @ Rs.46,136.00 per decimals, Rs.20,00,000.00 towards development, Rs.2,00,000.00 towards cost of the trees, Rs.2,50,000.00 towards cost of the building, Rs.6,00,000.00 towards cost of the boundary wall, Rs.40,000.00 towards loss of his current and proposed business, these totaling to an amount of Rs.76,19,752..00

(3.) In course of hearing, oral as well as documentary evidences were placed on behalf of both the sides before the learned trial court and considering the materials placed before the court along with the circumstances and submissions, the leaned trial court refused to enhance the compensation amount and confirmed the awards made by the Land Acquisition Collector.