Decided on September 13,1988

CH.PARSURAM Respondents


S.C.MOHAPATRA, J. - (1.) This is an appeal under S.54 of the Land Acquisition Act, 1894 (hereinafter referred to as `the Act') by the Land Acquisition Officer. Claimants have also preferred a cross-objection.
(2.) Notification under Ss.4(1) and 17(4) of the Act were published on 12-4-1972 for compulsory acquisition of 2 acres 0 decimals of homestead land of the respondents in Revenue village Goilundi within Berhampur Municipality for construction of office building and staff quarters for the Deputy Director of Agriculture, Berhampur. Possession of the land was taken immediately. Collector awarded compensation of Rs. 1,44,537.80 paise computing the market value of 1 acre 99 decimals of land at the rate of Rs. 63,158/- per acre. Receiving the compensation awarded under protest, claimants objected to the measurement of the area acquired as well as demanded compensation at higher rate of market value, for which reference under S.18 of the Act was made to the Court. Trial Court held the area acquired to be 2 acres 0 decimals and determined the market value at Rs. 1 lakh per acre. Appellant is aggrieved by the area determined by the trial Court to have been acquired. Respondents are aggrieved by determination of the market value at Rs. 1 lakh per acre and has claimed compensation at the rate of 1 lakh 50 thousand rupees per acre in their cross-objection reducing their claim at the rate of 2 lakhs 50 thousand rupees per acre before the Land Acquisition Officer.
(3.) In Notification under. S.4(1) of the Act an area of 2 acres decimals of land of the respondents including 38 decimals in Survey No. 71 (2) was proposed to be acquired. The same area was also reflected in the notices under Ss.9 and 19 of the Act. In the award under S.11 of the Act, however, the area acquired in Survey No. 71 (2) was stated to be 37 decimals. No acceptable oral evidence of a competent witness who measured the area was adduced on behalf of the appellant. In this background, finding of the trial Court on the basis of various earlier notifications and Notices and evidence of P.W. 13 on behalf of the claimants, that the area acquired from out of that survey number is 38 decimals is not incorrect and thus the total area acquired was 2 acres decimals and not 1 acre 99 decimals. Appeal has no merit.;

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