Land Acquisition Zone Officer vs Iswar Behera

P.K. Tripathy, J.—Heard. On the consent of the parties, the appeal stand disposed of at the stage of hearing under Order 41, Rule 11, CPC.

The Land Acquisition Zone Officer, Talcher - Sambalpur Rail Link, Angul has filed this appeal u/s 54 of the Land Acquisition Act, challenging to the award passed on 26.4.1997 by the Civil Judge (Senior Division) Angul, in L. A. Misc. Case No. 73 of 1994 u/s 18 of the Act, 1894 (in short the ''Act'').

The fact which is not in dispute between the parties is that an area of Ac. p. 25 decimals of Bajefasal category of land belonging to the respondent in village Nankapasi was acquired by the State vide declaration No. 55694 dated 1.9.1989 published in Extraordinary Gazette No. 1299 dated 7.9.1989. That land was acquired for construction of Talcher - Sambalpur Railway line. Learned Addl. Govt. Advocate states that appellant assessed the compensation at the rate of Rs. 12,500/-per acre and determined the compensation @ Rs. 3,875/- excluding the statutory benefits. In that respect the awarded amount of compensation u/s 11 of the Act was receiver by the respondent on protest and claimed for higher compensation at the rate of Rs. 10,000/-per gunth. Thus reference was made to the Civil Court.

In course of inquiry in the Court of Civil Judge (Senior Division) Angul, petitioner examined two witnesses and relied on some registered sale deeds Exts. 1 and 2. While not accepting such registered sale deeds as the basis for determination of the valuation, but taking into consideration, some of the oral assertions of the said two witnesses, learned Civil Judge determined the rate of compensation at Rs. 28,000/- per acre and accordingly awarded a compensation of Rs. 7,000/- for the said land besides Rs. 500/-for loss of the standing trees. The Court below also allowed statutory benefits relating to solatium, additional compensation and interest etc.

Learned Addl. Govt. Advocate argues that the enhanced rate of market price of the acquired land is not only on the basis of no evidence but also on the higher side. He also states that in the absence of proof of any documentary evidence regarding existence of any tree, grant of compensation of Rs. 500/- (five hundreds) on that count is also not sustainable. Learned counsel for the respondent defend the impugned award but he is unable to justify the award relating to loss of standing trees and the compensation awarded on that count.

On consideration of the contentions of the parties and the fact that appellant did not choose to lead any evidence in support of the valuation put by him in the award u/s 11 of the Act, this Court finds no valid reason to interfere with the method of assessment made by the Reference Court to arrive at a valuation higher than that was awarded u/s 11 of the Act. Under such circumstance, the valuation of Rs. 28,000/- per acre is not disturbed. So far as the compensation of Rs. 500/- is concerned, in the absence of any documentary proof relating to existence of standing tree, learned Civil Judge should not have acted on the verbal assetion of the claimant in that respect. That finding and determination of compensation of Rs. 500/- assessed towards the lost of trees is therefore not sustainable and accordingly set aside.

In the result, the award with respect to the determination of valuation of land is upheld, but the compensation granted towards the loss of tree is set aside. The appeal is thus allowed in part and the award is modified to that extent. Parties are directed to bear their respective costs of litigation. Hearing- fee is assessed at contested scale.

After deducting the amount, which has been received by the respondent/claimant, balance amount be paid to him as expeditiously as possible and preferably within a period of two months and failing that claimant/respondent shall be entitled to recover the same in due process of law.