S SOMAYA Vs. SPL LAND ACQUISITION OFFICER BERHAMPUR

JUDGEMENT

(1.) This appeal under S.54 of the Land Acquisition Act filed by the claimant is confined to the compensation payable for trees.

(2.) By Notification under S.4(1) of the Act published on 11-6-1971, 625 acres 53 cents of land in Golabandha and other villages were acquired for Air Guided Missile School, Golabandha. Land of the claimant is included within the total land acquired. Collector awarded compensation for trees following the rate given in the list prepared by the Delta Irrigation Department in 1964. Claimant received the compensation under protest and requested for a reference to Court and accordingly, the matter was referred to Court under Section 18 of the Act. Trial Court followed the Division Bench decision of this Court in F.A.268 and batch of 1981 (Chinaga Joga Rao v. Special Land Acquisition Officer, Berhampur) decided on 23-8-1985 and awarded 20% more towards the value of trees. This is the grievance of the appellant.

(3.) Claimant in his objection stated that there were 30 fruit bearing coconut trees and 500 banana trees besides other trees. In evidence he stated as P.W.1 that there were 30 fruit bearing and 2 small coconut trees and fifty banana trees. Land Acquisition Officer (D.W.1) however, stated that there were 40 fruit bearing, 15 non-fruit bearing and 1 small coconut tree. No cross-examination has been made with regard to banana trees. Trial Court, was correct in accepting the number of trees as stated by the Land Acquisition Officer.