LAND ACQUISITION OFFICER Vs. UMAKANTA MISHRA

JUDGEMENT

(1.) THE Land Acquisition Officer, Puri, has filed this appeal under Section 54 of the Land Acquisition Act' (in short, the "Act") against the award of the Civil Judge (Senior Division), Bhubaneswar, in L.A. Misc. Case No. 378/94.

(2.) AC . 0.200 decimals of land (in Bhubaneswar, one acre is equivalent to one thousand decimals) in mauza Berena within Bhubaneswar Municipality belonging to the claimant -respondent was acquired along with other lands belonging to other persons for the purpose of Planned Development of New Capital (for Construction of Lake) in accordance with the Notification published in the Orissa Gazette dated 19 -7 -1985. The Land Acquisition Officer fixed compensation at the rate of Rs. 1,00.000/ (one lakh) per acre. The Respondent filed objection claiming compensation at the rate of Rs. 6,50,000/ - per acre for the land. In the reference under Section 18 of the Act, the Civil Judge, (Senior Division), Bhubaneswar, fixed compensation at the rate of Rs, 5,38,461/ - per acre. The aforesaid award is under challenge in this appeal.

(3.) THERE is no dispute that the land -acquired was suitable for homestead purpose and in many nearby areas houses had already been constructed~. The learned Counsel appearing for the Respondent submitted ~hat in respect of many acquisitions in the year 1985 in the outskirts of Bhubaneswar City, compensation has been fixed at the rate of Rs. 4,00,000/ - (four lakhs) per acre and the State Government has paid such compensation without any demur., He has submitted that the land acquired in the present case is situated in a more centrally Iodated area of Bhubaneswar and as such, the price of land would be much more than Rs. 4 lakhs per acre, which was the price fixed for many distant area within Bhubaneswar Municipal Council.