EXECUTIVE DIRECTOR, NALCO LTD. AND SPECIAL LAND ACQUISITION OFFICER, NALCO v. PRASADI AMANTA
2008-06-23
SANJU PANDA
body2008
DigiLaw.ai
JUDGMENT : Sanju Panda, J. - These two First Appeals are directed against the award dated 11.4.1996 passed by the learned Civil Judge (Senior Division), Angul in Land Acquisition Misc. Case No. 19 of 1991 in a reference u/s 18 of the Land Acquisition Act (hereinafter referred to as "the Act"). 2. As per Gazette Notification No. 69 dated 16.2.1982 published u/s 4(1) of the Act, the State Government acquired different types of land of the claimant-respondent No. 1 measuring a total area of Ac.2.10 decimals appertaining to Holding No. 292 of Mouza Girang for construction of NALCompany The Special Land Acquisition Officer, Nalco, Dhenkanal awarded a total compensation of Rs. 39,456.73 paise for different types of land. He computed the compensation at different rates for different kissam of lands. The claimant-respondent No. 1 received the said compensation on protest and filed his objection claiming higher compensation which was referred to the civil court u/s 18 of the Act. The claimant's main contention was that the Special Land Acquisition Officer awarded the compensation for the acquired land at a lower side as the prevalent market price of the land at the time of notification was much more and he claimed compensation at the rate of Rs. 2,10,000/-. Though the Government contested the case, they did not me any objection in this case. 3. In support of the claim for higher compensation, the land owner examined himself as P.W. 1 and after analyzing the evidence adduced by the claimant, the court below determined the compensation in respect of the acquired land at the rate of Rs. 20,000/- per acre and held that the claimant was also entitled to all other statutory benefits. 4. Learned Counsel appearing for the NALCO submitted that without any definite material the court below has determined the price of the acquired land at Rs. 20,000/- per acre and hence the said determination of market value of the acquired land made by it is arbitrary and needs to be interfered with. 5. Learned Counsel appearing for the claimant-respondent No. 1 submitted that the compensation determined by the court below for the acquired land is just and proper and the same need not be interfered with. 6. The claimant's land has been acquired for construction of NALCO in the district of Angul.
5. Learned Counsel appearing for the claimant-respondent No. 1 submitted that the compensation determined by the court below for the acquired land is just and proper and the same need not be interfered with. 6. The claimant's land has been acquired for construction of NALCO in the district of Angul. Earlier, the same was within the district of Dhenkanal and Girang is a village situated nearby the village Gotamara. The apex Court in a decision reported The Executive Director Vs. Sarat Chandra Bisoi and Another, has determined the compensation at Rs. 27,000/- per acre for the land adjoining to the National Highway, Rs. 22,500/- per acre for the land connected to the Grama Panchayat road and Rs. 18,000/- per acre for other land. On the basis of the said decision of the apex Court, this Court also in a series of First Appeals, i.e., F.A. No. 115 of 2001 and Batch disposed of on 11.4.2008 has determined the compensation so far as village Gotamara is concerned. Therefore, in the present appeal also on the basis of the aforesaid decision, the compensation for the acquired land which, it appears, is not connected with any road, is determined at the rate of Rs. 18,000/- per acre. 7. With the above modification of the award dated 11.4.1996 passed by the learned Civil Judge (Senior Division), Angul in Land Acquisition Misc. Case No. 19 of 1991, both the First Appeals are disposed of. No costs.