JUDGMENT : D.M. Patnaik, J. - Being aggrieved by the order dated 18.11.1995 of the Civil Judge (Senior Division), Deogarh in Land Acquisition Case No. 48 of 1994 enhancing compensation, the State of Orissa is in the appeal. 2. Disputed land measures Ac. 5.9 decimals under Khata No. 15, Ac. 44 decimals under khata No. 18, Ac. 0.55 decimals under Khata No. 18/8 in village Banakalo in Barkot P.S. in the district of Sambalpur. For the purpose of construction of Rengali Dam Project, by notification u/s 4(1) of the Land Acquisition Act dated 27.8.1976 the Government of Orissa acquired the above land, compensation for which was assessed by the Land Acquisition Collector totalling Rs. 44,364.97. Being aggrieved by the inadequate compensation the claimant filed objection which was ultimately referred u/s 18 to the Civil Judge (Senior Division), Deogarh claiming to enhance the valuation at the rate of Rs. 20,000/-per acre. 3. On consideration of the evidence of P.W.2 father and P.W.I son, the Court held that their statements were contradictory. Learned Court did not accept the evidence of the two said P.Ws. l and 2 holding that they could not say the market value, nor produced any documentary evidence with regard to the landed property and the expenses for cultivation of the land for the previous year nor any receipt showing the rate of purchase of wheat, paddy etc. However, the Court observed that in fact 10 acres of land have been submerged under water of the Rengali Dam Project and the claimant family had also been extended with other facility of rehabilitation. He, therefore, fixed the amount of compensation at rupees one lakh lump sum. 4. My attention is drawn to the material part of the judgment and I find that in fact no reason has been given by the Court in fixing the value of one lakh as compensation. I accept the contention of Mrs. Jena that in fact nothing has been given out in the impugned order as to how the Court came to the finding that the compensation amount should be fixed at rupees one lakh. Mr.
I accept the contention of Mrs. Jena that in fact nothing has been given out in the impugned order as to how the Court came to the finding that the compensation amount should be fixed at rupees one lakh. Mr. P. Rout, learned counsel for the respondent files xerox copies of the three Land Acquisition Cases i.e. 25 of 1991, 87 of 1991 and 9 of 1992 and submits that in all these cases the lands were the subject matters of the same notification and acquired for the same Rengali Dam Project and compensation amount then assessed by the Land Acquisition Collector was subsequently enhanced by the Subordinate Judge in their respective judgments, certified copy of which are filed herewith. On the basis of the documents, argument is advanced that once the Government has accepted value of the same type of land at Rs. 20,000/- per acre there is no reason for the present claimant to be deprived of the compensation amount to be calculated at that rate. Mr. Rout has drawn attention of this Court to the grounds of the cross-appeal filed in this case. 5. Having heard Mrs. Jena and Mr. Rout, learned counsel for the respective parties and going through the impugned judgment, I find in fact the Court has not given reason as to how he fixed the valuation of rupees one lakh for the lands in question. But the very fact that in all the above cases, the Government have not preferred any appeal challenging the enhanced award in those cases and further the amount of compensation has been paid at the enhanced rate to the claimants, I do not find there is any justification to refuse to give the same relief to the present, petitioner-appellant in this case. I may point out, Mrs. Jena has failed to place any material before me, nor she has been in a position to explain if the valuation at the rate or Rs. 20,000/- per acre will be extremely unreasonable. 6. Considering this, I dispose of the appeal by holding value of the land per acre assessed in the impugned order should be fixed at Rs. 20,000/- per acre and the authorities should calculate the amount and pay compensation within four months from the date of receipt of the lower Court record. Needless to point out that the claimant should get the statutory benefits till date.
20,000/- per acre and the authorities should calculate the amount and pay compensation within four months from the date of receipt of the lower Court record. Needless to point out that the claimant should get the statutory benefits till date. The Government Appeal fails and the cross appeal is allowed, to the extent indicated above. The appeal is dismissed with the above modification. No cost.