- (1.) The present appeal is filed against the judgment and order dated 04.10.2001 passed by the High Court of Orissa whereby the High Court, vide a common judgment, dismissed First Appeal No. 428 of 1990 filed by the Special Land Acquisition Officer and partly allowed First Appeal No. 369 of 1990 filed by the Respondents herein.
(2.) The issue that falls for consideration in the present appeal is whether the assessment and determination of compensation awarded to the respondents for acquisition of their land and increasing it from Rs. 10,000/- to Rs. 75,000/- per acre is on the higher side and is a proper reflection of the market price of the land.
(3.) The facts leading to the filing of the present case are that Land measuring Ac. 4.98 decimals appertaining to Plot Nos. 6588/6861, 6567, 6576, 6565, 6561 to 6564, 6581, 5873, 6566 and 6560 under Khata No. 88 situated in village Lodhani under Parajang Police Station in the District of Dhenkanal was notified to be acquired for Parajang Distributory as per Revenue Department declaration No. 9420 dated 18.02.1987. The Land Acquisition Officer vide order dated 02.03.1988 granted compensation for the acquired land at the rate of Rs. 3100/- (Taila Land) and Rs. 5490/- (Sarad Land) per acre. The owner- claimants received the compensation so determined under protest and moved the Ld. Subordinate Judge by L.A. Misc. No. 37/88 under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") against the order of the Land Acquisition Officer dated 02.03.1988.;