JUDGMENT : Sanju Panda, J. - These two First Appeals have been filed by the Zone Officer, Brajarajnagar and Chief General Manager, Mahanadi Coal Fields Limited u/s 54 of the Land Acquisition Act challenging the award dated 10.5.1994 passed by the learned Civil Judge (Senior Division), Sambalpur in Land Acquisition Misc. Case No. 70 of 1989 in a reference u/s 18 of the Land Acquisition Act (hereinafter referred to as "the Act"). 2. The claimant-Respondent No. 1 has filed a cross-appeal in FAO No. 410 of 1994 claiming higher compensation. 3. Since the cause of action arises from the impugned Judgment, the brief facts from First Appeal No. 410 of 1994 are noted below: Ac. 1.300 decimals of land appertaining to Plot No. 2171 under Khata No. 36 of Lakjura under Brajarajnagar Municipal area was acquired by the State Government for Coal Mines. The Respondent-claimant was the owner of the said land. Notification u/s 4(1) of the Act was published in the Extraordinary Gazette Notification NO. 430 dated 11.8.1988. The Land Acquisition Officer warded compensation of Rs. 42,561.05 ps. for the acquired land along with other statutory benefits. The claimant received the said amount on protest and filed his objection claiming higher compensation which was referred to the Court u/s 18 of the Act. The main contention of the claimant in his objection before the Court below was the compensation awarded by the Land Acquisition Officer was very low, inadequate and it also did not take into consideration the prevalent market value of similar land while assessing the compensation, as the land is situated within the industrial belt area and the market value of the lands located at Brajarajnagar has been rapidly increasing. Orient Paper Mills, Brajarajnagar TATA Refractory Limited, Belpahal, S.E.C.C. I.B. Valley area and Thermal Power Station etc. are situated nearby. The acquired land is within the Brajarajnagar NAC area. His further contention is was that the railway station is within a kilometer from the acquired land and the main road to Thermal Power Station is beside the land acquired. Since the acquired land is situated within the Municipal area and was fit for homestead, the value of the same would have been more than Rs. 3000/- per decimal. Hence, he claimed for higher compensation.
Since the acquired land is situated within the Municipal area and was fit for homestead, the value of the same would have been more than Rs. 3000/- per decimal. Hence, he claimed for higher compensation. The Land Acquisition Officer filed his counter to the said objection stating therein that the compensation has been paid as per the market rate prevalent at the time of acquisition and the claim of the claimant for higher market rate was false. Hence, the claim for higher compensation by the claimant was not acceptable. 4. In support of the claim for higher compensation, the claimant examined two witnesses and filed four documents. Though the opposite party did not examine any witness, filed six documents. The learned Civil Judge after considering the materials available on record and discussing the evidence adduced by the parties fixed the market value of the acquired land at Rs. 80,000/- per acre along with statutory benefits. 5. The learned Addl. Standing Counsel vehemently argued that the Court below fixed the market value without any basis and it is much higher than the just and adequate compensation. 6. The learned Counsel for the claimant-Respondent No. 1 submitted that the compensation awarded by the Court below is very low and inadequate. 7. On examination of the materials available on record, it reveals that the claimant examined himself as P.W.1 and stated that the advantages were available near the acquired land and the acquired land was within the Brajarajnagar NAC area having residential houses nearby and the land had a potency of house site. The documents filed by the claimant also reveal that this Court in First Appeal No. 253 of 1991 determined the value of the acquired land at Rs. 75,000/- per acre in village Lajkura which was not within the Brajarajnagar Municipal area. This Court in First Appeal No. 411 of 1991 disposed of on 27.7.2001 confirmed the order passed by the referral Court for the land situated within the Brajarajnagar Municipal area. 8. Law is well settled that the Court can take into consideration an earlier decision where the market price of the land has been determined taking into account the potency of the land and the other advantages available to it. Previous awards have also evidentiary value to determine the quantum of market value of the acquired land.
8. Law is well settled that the Court can take into consideration an earlier decision where the market price of the land has been determined taking into account the potency of the land and the other advantages available to it. Previous awards have also evidentiary value to determine the quantum of market value of the acquired land. The claimant has duly discharged the burden by proving the documentary as well as oral evidence in support of his entitlement for higher compensation. Since the Court below has rightly determined the market value of the acquired land and awarded the compensation for the same, this Court is not inclined to interfere with the impugned award passed by the Court below and confirms the award dated 10.5.1994 passed by the learned Civil Judge (Senior Division), Sambalpur in Land Acquisition Misc. Case No. 70 of 1989. 9. Accordingly, the First Appeal filed by the State, Cross-Appeal filed by the claimant-Respondent No. 1 and the First Appeal filed by the Mahanadi Coal Fields Limited are dismissed being devoid of merit. No costs. Final Result : Dismissed