NITYANANDA JENA Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THIS is an appeal under Section 54 of the Land Acquisition Act.

(2.) 41 decimals of land in revenue village Gadakan at that time under new Capital Police -station in the district of Puri was acquired under the Act for establishment of Railway Coach Repairing Workshop Land Acquisition Collector offered compensation Rs. 33,300/ - per acre. Claimant received compensation awarded by the Collector under protest and requested for a reference claiming higher compensation, Accordingly, reference under Section 18 of the Act was made to the Court.

(3.) COMPENSATION is to be awarded on the market value of the land on the date of its Notification under Section 4(1) of the Act. Neither the claimant nor the Collector furnished the said date to the Court for determination of the market value. However, it is not disputed that the publication of the Notification under Section 4(1) and the declaration under Section 6 of the Act in the year 1979 are in close proximity of time and accordingly, both parties accepted that market value is to be determined as in the year 1979.