LAND ACQUISITION OFFICER Vs. GAJENDRA PADHI

JUDGEMENT

(1.) This First Appeal is directed against the Judgment and Order Dated 08.09.1989 passed by the Learned Subordinate Judge, Balasore in Land Acquisition Misc. Case No. 242 of 1988 awarding compensation at the rate of Rs. 1,10,000 per acre.

(2.) THE facts of the case, as borne out from the records, are that the land measuring 91 decimals appertaining to plot No. 323 (Ac.0.45 decimals), plot No. 324 (Ac.0.38 decimals) and plot No. 368 (Ac.0.08 decimals) under khata No. 274 of village Karanjia belonging to the Respondent was acquired for establishment of Interim Test Range vide notification published in the Orissa Gazette on 24.10.1983 under Section 4(1) of the Land Acquisition Act (hereinafter referred to as 'the Act'). The Land Acquisition Collector taking into consideration the sale statistics determined the market value of the land at the rate of Rs. 80,000 per acre. The Respondent received the compensation on protest and filed objection claiming higher compensation on the ground that the acquired land was fit for homestead and importance of the locality had been increased. The Land Acquisition Collector received the objection and referred it to the Subordinate Judge, Balasore under Section 18 of the Act for adjudication which was registered as L.A. Misc. Case No. 242 of 1988. The Respondent examined one witness on his behalf and proved the sale deed dated 16.01.1984 as Ext.1. The Land Acquisition Collector also examined one witness and exhibited the sale statistics, apart from other documents, as Ext.B. The Learned Subordinate Judge on analysis of the oral and documentary evidence adduced by the parties held that the Respondent is entitled to get compensation at the rate of Rs. 1,10,000 per acre as market value with other admissible benefits according to law and that 9% interest for the first year and 15% interest per year for the rest period till payment of the dues made to him and cost of Rs. 100. - -

(3.) PERUSED the record. In the instant case, the land was acquired in the year 1983. The land acquisition case was disposed of in 1984. The referral Court taking note of the oral evidence of P.W.1, the documents like Ext. 1, the certified copy of the sale deed and Ext. C, the orders passed in Land Acquisition Case Nos. 6/83 and 7/83, and considering the growing importance of the locality as well as the average market value of the land in the area has awarded compensation at the rate of Rs. 1,10,000 per acre. So it cannot be said that any illegality has been committed by the referral Court in enhancing the compensation amount. The impugned award does not suffer from any infirmity warranting interference of this Court.