JOGI LENKA AND ORS. Vs. COLLECTOR

JUDGEMENT

(1.) This is an appeal under Sec. 54 of the Land Acquisition Act (hereinafter referred to as 'the Act') by the claimants against an award in a reference under Sec. 18 of the Act.

(2.) A.O. 10 decimals of land recorded as Sarada Dofasali had been acquired for the Central Rice Research Institute in or about the year 1970 -71. The Land Acquisition Collector awarded compensation which was received by the claimants under protest and the valuation was challenged. Claimants demanded compensation at the rate of Rs. 1.000/ - per gunth in other words Rs. 1.75,000/ - per acre. Trial Court on consideration of the materials on record held that the claimants had not been able to satisfy that the valuation as determined by the Land Acquisition Collector was Incorrect. Against the said decision, the present appeal has been tiled which is valued at the rate of Rs. 2.400/ - per gunth for claming compensation. At the time of hearing Mr. S., Jena, learned Counsel appearing for the Appellants submitted that this Court has awarded Rs. 3500/ - per gunth in respect of the similar lands acquired under the same notification for the same purpose and the appeal should be adjourned to enable the Appellants to amend the memorandum of appeal claiming compensation at the rate of. Rs. 3.500/ - per gunth and to pay the deficit court -fee on the memorandum of appeal. Learned Advocate General does not dispute that in respect, of the similar lands in the village acquired for the same purpose compensation has been determined by this Court at Rs. 3,500/ - per gunth in a decision dated 14 -2 -1985 In Collector Cuttack v/s. Bauribandhu Lenka and Ors. F.A. No. 239 of l981.

(3.) In view of the Division Bench decision, I am satisfied that the Appellants have got merit in the appeal which is to be allowed. The short question is whether the Appellants would be permitted to amend the memorandum of appeal at this state to claim compensation at the rate of Rs. 3,500/ - per gunth.