L.A.C. DELTA IRRIGATION SCHEME Vs. PARTHASARATHI MOHANTY AND ANR.
HIGH COURT OF ORISSA
L.A.C. Delta Irrigation Scheme
Parthasarathi Mohanty And Anr.
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B.K. Ray, J. -
(1.) THE State is the Appellant against an order of the learned Subordinate Judge. Bhubaneswar disposing of a reference under Section 18 of the Land Acquisition Act (hereinafter called the 'Act ').
(2.) THE extent of land acquired is 0.102 1/2 acre appertaining to plot No. 2896/4117/1 khata No. 2024 in Bhubaneswar. The date of notification under Section 4(1) of the Act is 10 -6 -1964 and the purpose of acquisition is for Daya West Branch of canal. The Collector under his award granted Rs. 2.432.38 to the Respondents for the land at the rate of Rs 20,000/ - per acre. The learned Subordinate Judge fixed the compensation at the rate of Rs. 70,000/ - per acre. In addition, he awarded 25% towards the potential value together with solatium and interest at the rate of 6% p.a. Learned Additional standing counsel appearing for the State, while contending that the compensation awarded by the Court below is arbitrary, specifically challenges compensation of 25% towards the potential value of the land granted by the Court below.
(3.) FROM paragraph 4 of the impugned order, it appears that the Court below, after considering the relevant documents, viz. the map (Ext. 1) showing the location of the land, an order in another land acquisition case (Ex. 2) granting compensation in respect of a piece of land adjoining the land in question and two other sale deeds (Exts. 3 and 4) showing the market price of the land in the neighbourhood at the relevant time, has fixed the compensation. I do not see any arbitrariness in the order of the learned Subordinate Judge fixing compensation for the land in question.;
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