LAWS(ORI)-1999-3-41

RAIL LINK PROJECT Vs. DEBA DANDASENA

Decided On March 18, 1999
Rail Link Project Appellant
V/S
Deba Dandasena Respondents

JUDGEMENT

(1.) THE Special Land Acquisition Officer, Lanjigarh Road -Junagarh Rail Link Project, has filed this appeal under Section 54 of the Land Acquisition Act (hereinafter referred to as the "Act") challenging the award passed by the Civil Judge. (Senior Division), Bhawanipatna, in M.J. C. No. 4 of 1997.

(2.) AC .3.19 decimals of land in village Kurlubhata belonging to the Respondent was acquired in the year 1994 for construction of the rail -link project. The Land Acquisition Officer fixed the market value of Bahal land at the rate of Rs. 14,103/ -,Berna land at the rate of Rs. 11,818/ -, Mal land at the rate of Rs. 10,000/ - and Ata land at the rate of Rs. 8,000/ - per acre. The Respondent being dissatisfied filed objection claiming higher compensation. It was stated in the objection that he had improved the land by incurring expenditure of Rs. 10,000/ - and more compensation should be paid.

(3.) IN this appeal, it is contended by the counsel for the State that valuation had been fixed for different types of land, but the Civil Judge has fixed one valuation for the entire lands. However, there is no justification in this submission as in the objection, it had been claimed that other lands had been improved by spending Rs. 10,000/ -. Such assertion has been proved through the evidence of p. ws. 1 and 2 which has gone practically unchallenged in cross -examination. Moreover, from the evidence on record, it appears that there was facility for irrigation due to existence of Minor Irrigation Project at Saradapur, near the village in question. Since there is no contrary evidence on behalf of the State to take away the effect of the evidence of p.ws.1 and 2, it cannot be said that the assessment made by the Civil Judge is arbitrary.