Research › Browse › Judgment

Orissa High Court · body

1999 DIGILAW 99 (ORI)

STATE OF ORISSA v. RASID KHAN

1999-03-19

P.K.MISRA

body1999
JUDGMENT : P.K. Misra, J. - This appeal u/s 54 of the Land Acquisition Act has been filed by the State challenging the award of the Subordinate Judge, Balasore, in L.A. Misc. Case No. 194 of 1990. 2. Ac. 137.15 decimals of land in mauza Palasandha belonging to various persons was acquired for the establishment of Industrial Growth Contre. Out of the aforesaid acquired land, Ac. 2.17 decimals of land appertaining to plot No. 140 and plot No. 158 belonged to the claimant-respondent. The Land Acquisition Collector had fixed Rs. 19,0001- per acre for Sarada-II variety of land and Rs. 15,0001- per acre for Sarada-III variety of land of the claimant-respondent. The Subordinate Judge after hearing parties and relying upon an earlier Award has fixed compensation at the rate of Rs. 40,000/- per acre. 3. It appears that in respect of acquisitions relating to other persons appeals filed in the High Court have already been disposed of. In First Appeal No. 62 of 1993 (State of Orissa represented through L.A. Collector, Balasore v. Dayanidhi Behera), disposed of on 7th. January, 1994, the High Court has fixed compensation at the rate of Rs. 40,OOO/- per acre. Since the lands have been acquired under the same notification and situate in the same village and are similar nature, the award of a sum of Rs. 40,OOO/- per acre cannot be held to be excessive.' As such, there is no scope for interference in this appeal. The appeal is accordingly disposed of. There will be no order as to costs. The awarded amount shall.be paid to the claimant-respondent along with all statutory benefits contemplated in Act 68 of 1984. Appeal disposed of.