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2008 DIGILAW 285 (ORI)

LAND ACQUISITION COLLECTOR v. BHIKARI BEHERA

2008-04-04

S.PANDA

body2008
JUDGMENT : S. Panda, J. - This appeal by the Land Acquisition Collector, Angul is directed against the award dated 7.1.1999 passed by Sri B.C. Rout, Civil Judge (Senior Division), Angul, in L.A. Misc. Case No. 211 of 1997 on a reference u/s 18 of the Land Acquisition Act (in short, "the Act"). 2. Brief facts of the case are as follows: Ac.0.37 decimals of Sarad Jala dofasali-I land belonging to the claimants appertaining to Khata No. 672 in mouza Kumand was acquired for construction of 132/33 K.V. Sub-station of O.S.E.B. (now Gridco.) for which Government Declaration No. 35091/R dated 6.8.1994 was published in E.O.G. No. 986 dated the 16.8.1994. The Land Acquisition Collector assessed compensation at Rs. 35,816/-. The claimants received the compensation on protest and filed their objection for higher compensation which was referred to the Learned Civil Judge (Senior Division), Angul. 3. The claimants adduced oral as well as documentary evidence in support of their claim for higher compensation. The Land Acquisition Collector did not adduce any rebuttal evidence. The referral court, after analysing the evidence adduced by the claimants, determined the market value of the acquired land at Rs. 2,50,0007- per acre and assessed the compensation at Rs. 92,500/- for the acquired land and also awarded other statutory benefits to the claimants. 4. It is submitted by the Learned Additional Standing Counsel appearing for the appellant that the land has been acquired for construction of the Sub-station of O.S.E.B. (now Gridco.) which was not made a party before the court below. 5. The O.S.E.B. is the beneficiary/person interested and the said beneficiary was not made a party before the court below. As per Section 20 of the Act, notice to the party for whom acquisition has been made was mandatory. Considering the decision of the Apex Court in Rajmani Vs. Collector, Raipur wherein it has been held that the notice to the person interested is mandatory. In Abdul Rasak and Others Vs. Kerala Water Authority and Others it has been held that failure by the referral court to issue notice to the person for whom acquisition is made vitiates the award. 6. Collector, Raipur wherein it has been held that the notice to the person interested is mandatory. In Abdul Rasak and Others Vs. Kerala Water Authority and Others it has been held that failure by the referral court to issue notice to the person for whom acquisition is made vitiates the award. 6. Therefore, the matter is remanded to the referral Court, i.e., Civil Judge (Senior Division), Angul, with a direction to implead the O.S.E.B. (now Gridco.) as a party to the matter, issue notice to the said beneficiary within fifteen days from the date of receipt of the record and after hearing the beneficiary, the claimants and the Land Acquisition Officer, shall decide the reference afresh. All these exercise by the referral court should be completed within a period of five months from the date, of receipt of the record. 7. With the above observation and directions, the appeal is disposed of. No costs.