(1.) This Writ Petition has been filed for setting aside the order passed by the Special Land Acquisition Officer, MIP, Jagatsinghpur in favour of Opposite Party Nos. 2 and 3 making reference under Section 28A of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act').
(2.) THE facts and circumstances giving rise to this case are that a large track of area stood notified under the provisions of Section 4 of the Act on 30th June, 1982 (Annex. -1) including the land in dispute. Declaration under Section 6 of the Act was made in respect of the said area including the land involved herein vide notification dated 6.12.1982 (Annex -2). The Special Land Acquisition Officer assessed the market value of the land at the rate of Rs. 12,500 per acre. Subsequent thereto, some persons filed an application for reference under Section 18 of the Act and in L.A. Misc. Case No. 350 of 1995 the Court of Learned Civil Judge (S.D), Jagatsinghpur, the Learned Civil Judge (S.D.), Jagatsinghpur made an award under Section 18 of the Act on 10.3.1988 assessing the market value at the rate of Rs. 50,000 per acre and also awarded other benefits permissible under the law. Opposite Party Nos. 2 and 3, Shri Pitambar Barik and Biswambar Barik, claimed to have filed an application under Section 28 -A of the Act claiming the same amount i.e. Rs. 50,000 per acre as compensation on 2.11.1998. Objections were filed contending that the application was barred by time and the applicants were not entitled for any additional award under Section 28 -A. However, by Order Dated 10.5.2005 the application has been allowed making a reference to other materials facts observing that application had been filed within limitation. Hence this Writ Petition.
(3.) ON the other hand, Mr. K.K. Jena and Mr. S. Ray Learned Counsel appearing for the claimants have vehemently contended that the Special Land Acquisition Officer has recorded the conclusion that the application was filed within time after examining the record of the case. Thus, there can be no scope for interference with the order. The petition is liable to be rejected.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN