JUDGMENT : Sanju Panda, J. - This First Appeal is directed against the award dated 9th December, 1994 passed by the learned Civil Judge (Senior Division), Nuapada in MJC No. 60 of 1992 in a reference u/s 18 of the Land Acquisition Act (hereinafter referred to as "the Act") whereby the Court below has determined the market value of the acquired land at higher side without any materials on record. 2. The brief facts of the case as narrated in record are as follows: Ac. 0.48 decimals of land of the Respondents in Plot No. 1126 under Khata No. 65/1 of village Mundagapon under Jonk Police Station was acquired for the purpose of Upper Jonk Irrigation Project. A Notification u/s 4(1) of the Act was published in the Orissa Gazette No. 715 of 9.5.89. The acquired land was At Unhari Kissam agricultural land. The Land Acquisition Officer awarded a compensation of Rs. 4992.20 ps towards cost of land, solatium and M.V. The claimants received the said amount on protest and filed their objections claiming higher compensation of Rs. 20 lakhs and the said objection was referred to the Civil Court by the Collector-cum-Land Acquisition Officer, Kalahandi u/s 18 of the Act. 3. To substantiate his claim, claimants examined two witnesses and adduced four documents in support of their claim for higher compensation. Claimants also produced certified copy of the judgment of this Court in First Appeal No. 155 of 1975 and the deposition of one Chanda Bai recorded by the Advocate Commissioner. The Land Acquisition Officer neither examined any documents nor produced any witness. 4. The learned Civil Judge framed as many as two issues to consider the objection of the claimants. Though the referral Court determined the value of the land at Rs. 10/- per square feet, claimants claimed that since the value of the land has increased from Rs. 61 to Rs. 89/-, they are entitled to Rs. 2000/- per decimal in respect of the acquired land. But the judgment passed in First Appeal No. 155 of 1975 reveals that this Court determined the rate of land at Re. 0.50 paise per square feet for the acquired land. Learned Counsel for the Appellants submitted that since the Court below has misread and misinterpreted the judgment and on a guess-work determined the rate of the land at Rs. 20,000/- per decimal, the same may be set aside.
0.50 paise per square feet for the acquired land. Learned Counsel for the Appellants submitted that since the Court below has misread and misinterpreted the judgment and on a guess-work determined the rate of the land at Rs. 20,000/- per decimal, the same may be set aside. This Court in First Appeal No. 33 of 1994 disposed of on 14.11.2007 determined the value of the similar land at Rs. 1500/- per decimal since in the aforesaid Notification was made in the year 1988 but in the present since the Notification was made in the year 1989 and the price of the land is rising day by day this Court determines the acquired land at Rs. 2000/- per decimal. 5. Law is well settled that there was an element of guesswork inherent in most cases involving determination of the market value of the acquired land. This Court considering the earlier award or decision of the Court regarding valuation of the land which was acquired at the same area or place, the evidence on record, the decision cited by the learned Addl. Standing Counsel in the case of Land Acquisition Officer-cum-Collector, Land Acquisition, Nuapada (supra), the stand adopted by the Awarding Officer and the reference Court and the potency of the homestead land and acquired land, determines the valuation of the acquired land at Rs. 2000/- (Rupees two thousand) per decimal, which in the facts and circumstances of the case as a whole is reasonable and justified apart from the statutory benefits available under the Act. With the aforesaid modification of the impugned award, this First Appeal is allowed in part, but there shall be no orders as to costs.