JUDGMENT : P.K. Misra, J. - The Land Acquisition Officer, Puri, has filed this appeal u/s 54 of the Land Acquisition Act' (in short, the "Act") against the award of the Civil Judge (Senior Division), Bhubaneswar, in L.A. Misc. Case No. 378/94. 2. Ac. 0.200 decimals of land (in Bhubaneswar, one acre is equivalent to one thousand decimals) in mauza Berena within Bhubaneswar Municipality belonging to the claimant-respondent was acquired along with other lands belonging to other persons for the purpose of Planned Development of New Capital (for Construction of Lake) in accordance with the Notification published in the Orissa Gazette dated 19-7-1985. The Land Acquisition Officer fixed compensation at the rate of Rs. 1,00.000/ (one lakh) per acre. The Respondent filed objection claiming compensation at the rate of Rs. 6,50,000/- per acre for the land. In the reference u/s 18 of the Act, the Civil Judge, (Senior Division), Bhubaneswar, fixed compensation at the rate of Rs, 5,38,461/- per acre. The aforesaid award is under challenge in this appeal. 3. The Civil Judge fixed the compensation on the basis of consideration indicated in Ext. 3 a sale deed, dated 7-6-1985 whereunder Ac.0.0325 decimals of land had been sold for Rs. 17,500/-. The learned Counsel appearing for the Appellant submitted that the aforesaid transaction related into a very small piece of land and the consideration in, the said sale deed could not have been made the basis for awarding Rs. 5,38,461/- per acre. 4. There is no dispute that the land -acquired was suitable for homestead purpose and in many nearby areas houses had already been constructed~. The learned Counsel,appearing for the Respondent submitted ~hat in respect of many acquisitions.in the year 1985 in the outskirts of Bhubaneswar City, compensation has been fixed at the rate of Rs. 4,00,000/- (four lakhs) per acre and the State Government has paid such compensation without any demur., He has submitted that the land acquired in the present case is situated in a more centrally Iodated area of Bhubaneswar and as such, the price of land would be much more than Rs. 4 lakhs per acre, which was the price fixed for many distant area within Bhubaneswar Municipal Council. 5. The counsel for the Respondent has filed an application under Order 41, Rule 27, Code of Civil Procedure, for 9. Appeal dismissed.admitting a copy of the order passed by the Civil Judge (Senior Division). 4 lakhs per acre, which was the price fixed for many distant area within Bhubaneswar Municipal Council. 5. The counsel for the Respondent has filed an application under Order 41, Rule 27, Code of Civil Procedure, for 9. Appeal dismissed.admitting a copy of the order passed by the Civil Judge (Senior Division). Bhubaneswar, in L.A. Misc. Case No. 328 of 1994, where in respect of land acquired in November, 1984, in respect of mauza Rampur, compensation had been fixed by the Civil Judge at the rate of Rs. 4 lakhs per acre. He has also filed copy of the common decision of this Court in First Appeal Nos. 60, 62, 64, 88, 91, 96, 113 & 114 of 1995 (Land Acquisition Officer, Puri v. Sayed Mozafar Ahamad, etc.), decided on 12th. October, 1998, where in respect of land acquired in March. 1985, compensation fixed at the rate of Rs. 4 lakh per acre has been confirmed by this Court. For the interest of justice, the aforesaid documents are marked as Exts. 6 and 7 on behalf of the claimant-respondent. It has been submitted by the claimant-respondent that the lands in respect of which such awards had been passed are situated at a distant place and as such fixation of compensation at the rate of Rs. 5,38.461/- in respect of a more centrally located area cannot be characterized as excessive. 6. There is no dispute that the lands in respect of which such awards had been passed and confirmed by-the High Court though within Bhubaneswar municipal area were at a distant place. On the other hand, there is some justification in the submission of the counsel for the State that the price in respect of a very small piece of land as under Ext. 3 could not have been made the basis for awarding at the rate of Rs. 5,38,461/- per acre. Having regard to the facts and circumstances of the case and keeping in view the fact that the land acquired is in a more centrally located area, I think interest of justice would be served by fixing compensation at the rate of Rs. 4,50,000/- per acre. 7. For the aforesaid reasons, the appeal is allowed in part and the compensation is fixed the rate of Rs. 4,50,000/ (Rupees Four lakhs and Fifty thousand) per acre. 4,50,000/- per acre. 7. For the aforesaid reasons, the appeal is allowed in part and the compensation is fixed the rate of Rs. 4,50,000/ (Rupees Four lakhs and Fifty thousand) per acre. The compensation amount is to be paid along with all statutory benefits as contemplated in Act 68 of 1984. There will be no order as to costs. Appeal allowed. Final Result : Allowed