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2008 DIGILAW 179 (ORI)

SPECIAL LAND ACQUISITION OFFICER, RENGALI IRRIGATION PROJECT v. JOGENDRA SAHU

2008-02-29

P.K.TRIPATHY

body2008
JUDGMENT : P.K. Tripathy, J. - Respondent has not appeared after service of notice. 2. Heard Learned Addl. Government Advocate and the Judgment is as follows: 3. Award dated 10.02.1995 u/s 18 of the Land Acquisition Act, 1894 passed by the Civil Judge (Sr. Division) Kamakhyanagar in L.A. Misc. Case No. 22 of 1993 is under challenge. 4. An area of AC. 0.57 decimals of land from Plot Nos. 1043 and 1044 under Khata No. 83 of village Chandpur was acquired u/s 4(1) of the Land Acquisition Act, 1894 (in short the 'Act') for Rengali Irrigation Project. The Land Acquisition Officer determined the market price at Rs. 14,000/- per acre. The loser of the land, i.e., Respondent claimed for a higher valuation at Rs. 5,000/- per Ghunta i.e., Rs. 1,00,000/- per acre. 5. In course of inquiry, one witness was examined on behalf of claimant-Respondent where as no witness was examined from the side of the Appellant. On assessment of evidence on record and also referring to another award passed for acquired land in the same vicinity of the same village, Learned Civil Judge determined the market price at Rs. 20,000/- per acre and accordingly awarded the compensation by enhancing it. As against the award passed in the L.A. Misc. Case No. 55 of 1993, the present Appellant preferred First Appeal No. 40 of 1995 and as per the Judgment dated 18.06.2002 of this Court, the valuation determined by the Civil Judge was maintained. 6. Under such circumstance, there is nothing to interfere with the valuation determined by the Civil Judge (Sr. Division) Kamakhyanagar. The provision in Section 28A of the Land Acquisition Act also provides for enhancement of valuation. There is no merit in the appeal and the same is accordingly dismissed and the award passed by the Civil Judge is confirmed. 7. If the claimant/Respondent has not been paid the compensation amount then the same be paid to him within a period of two months failing which the Appellant is liable to pay interest at the statutory rate on the defaulted amount. Hearing fee be assessed at ex-parte scale. Final Result : Dismissed