State of Orissa vs Kamala Bai and Others

P.K. Tripathy, J.—Learned Standing Counsel for the State is present and he is ready. None appears for the Respondents.

Heard.

This Appeal u/s 54 of the Land Acquisition Act, 1894 (in short "the Act") has been filed challenging to the award made by the Learned Subordinate Judge, Nawapara on 15.2.1993 in M.J.C. No. 61 of 1991, a case registered after reference u/s 18 of the Act.

An extent of Ac. 0.85 decimals out of Ac. 2.88 area from a Plot No. 365 under Khata No. 65 in Mouza Thakur Nawapara under Nawapara P.S. was acquired by the State Government from the possession of the Respondents for the purpose of Jonk Medium Irrigation Project under declaration No. 75569/R dated 3.12.1988 and Notification No. 31112/R dated 13.5.1988 in the Orissa Gazette No. 717 dated 17.5.1989. The appellant assessed the value of the acquired land @ Rs. 7,140/- per acre along with the compensation for the loss of the land additional compensation and solatium he made an award of Rs. 8,618/-, Respondents received the same awarded amount under protest and claimed for higher compensation @ two lakhs per acre. They also claimed for compensation due to severance of the remaining Ac. 2.03 decimals of land.

In course of the enquiry Respondents examined three witnesses and relied on a contemporaneous sale deed Ext. 2, reiterating their contention for higher compensation @ rupees two lakhs per acre. The Reference Court on evaluating the evidence found that one Mr. Muralidhar Panda, a Learned Advocate of Nawapara had sold Ac. 02 decimals of land in April, 1998 @ Rs. 2,000/- per decimals and a part of that land of Sri Panda was also acquired under the same Notification for the same purpose from the same area. Taking note of that fact and the award made in favour of Sri Panda by this Court in First Appeal No. 361/99 by fixing the valuation of the lands at the rate of Rs. 1,000/- per decimal, Learned Subordinate Judge determined the valuation accordingly in favour of the land acquired from the Respondents. The reference Court, however, declined to grant any compensation from the severance of land.

Respondents received the notice in this appeal but they have not filed any cross-objection challenging the valuation determined by the Court below.

After placing the evidence on record, Learned Standing Counsel verified the matter relating to the award made in F.A. No. 361 of 1999 and in view of the determination of the valuation @ Rs. 1,000/-per decimal from the same locality in favour of Mr. Panda, he does not raise any dispute on the valuation fixed by the Court below. Under such circumstance, the First Appeal is dismissed without interfering with the impugned award.