LAND ACQUISITION OFFICER Vs. PRAKASH CHANDRA SENAPATHY

JUDGEMENT

(1.) In this appeal under section 54 of the Land Acquisition Act, 1894 (in short, the 'Act') challenge is to the order passed by the learned Subordinate Judge, Rayagada on a reference under section 18 of the Act made by the Land Acquisition Officer, Koraput.

(2.) A piece of land measuring Ac. 1.57 cents was acquired for the purpose of laying 132 K.V. line. While the Land Acquisition Officer fixed the rate at Rs. 2,000.00 per acre, the learned Subordinate Judge fixed the same at Rs.10,000.00. He took note of potential use of the land-site and the price fetched for almost similarly situated land.

(3.) The learned counsel for State in support of the appeal submitted that the sale-deed on which reliance was placed by the learned Subordinate Judge related to a small plot, and therefore, same could not have thrown light on the valuation of land. Mr. C.A. Rao, learned counsel appearing for the claimant on the other hand submitted that the land potential value has been assessed by the learned Subordinate Judge with reference to various materials on record. With reference to evidence of P.W. 1, the Inspector, who has stated that the acquired land can be used as house-site, he has submitted that the assessment was on the lower side.