STATE OF ORISSA Vs. NISAKAR PRADHAN

JUDGEMENT

(1.) BEING aggrieved by the order dated 18.11.1995 of the Civil Judge (Senior Division), Deogarh in Land Acquisition Case No. 48 of 1994 enhancing compensation, the State of Orissa is in the appeal.

(2.) DISPUTED land measures Ac. 5.9 decimals under Khata No. 15, Ac. 44 decimals under khata No. 18, Ac. 0.55 decimals under Khata No. 18/8 in village Banakalo in Barkot P.S. in the district of Sambalpur. For the purpose of construction of Rengali Dam Project, by notification under Section 4(1) of the Land Acquisition Act dated 27.8.1976 the Government of Orissa acquired the above land, compensation for which was assessed by the Land Acquisition Collector totalling Rs. 44,364.97. Being aggrieved by the inadequate compensation the claimant filed objection which was ultimately referred under Section 18 to the Civil Judge (Senior Division), Deogarh claiming to enhance the valuation at the rate of Rs. 20,000/ -per acre.

(3.) MY attention is drawn to the material part of the judgment and I find that in fact no reason has been given by the Court in fixing the value of one lakh as compensation. I accept the contention of Mrs. Jena that in fact nothing has been given out in the impugned order as to how the Court came to the finding that the compensation amount should be fixed at rupees one lakh. Mr. P. Rout, learned counsel for the respondent files xerox copies of the three Land Acquisition Cases i.e. 25 of 1991, 87 of 1991 and 9 of 1992 and submits that in all these cases the lands were the subject matters of the same notification and acquired for the same Rengali Dam Project and compensation amount then assessed by the Land Acquisition Collector was subsequently enhanced by the Subordinate Judge in their respective judgments, certified copy of which are filed herewith. On the basis of the documents, argument is advanced that once the Government has accepted value of the same type of land at Rs. 20,000/ - per acre there is no reason for the present claimant to be deprived of the compensation amount to be calculated at that rate. Mr. Rout has drawn attention of this Court to the grounds of the cross -appeal filed in this case.