URMILA RAUT v. ZONE OFFICER NO. IX, UPPER KOLAB HYDRO ELECTRIC PROJECT
2009-10-14
PRADIP MOHANTY
body2009
DigiLaw.ai
JUDGMENT : Pradip Mohanty, J. - This First Appeal by the claimant is directed against the Judgment dated 18.12.1991 passed in Misc. Judicial Case No. 220 of 1987 by the Learned Subordinate Judge, Jeypore. 2. The facts of the case, as borne out from the records, are that the land measuring Acs.11.67 cents appertaining to Khata No. 90/23 (Plot No. 959 Acs. 2.50 cents, Plot No. 131/846 Acs.3.17 cents & Plot No. 68/ 848 Ac.6.00 cents) of Mouza-Mahanpada belonging to the Appellant was acquired for Upper Kolab Hydroelectric Project, Koraput vide Revenue Department Notifications No. 61229 dated 13.09.1984 & No. 61330 dated 12.09.1984 published Under Sections 4(1) of the Land Acquisition Act (hereinafter referred to as "the Act") in the Orissa Gazette on 24.11.1984 & declaration u/s 17(4) of the Act was made on 13.11.1985. The Land Acquisition Officer classified the acquired land as Dry-I & awarded Rs. 60,009.95 as compensation including 14% market value & 30% solatium. The Appellant received the compensation on protest & filed objection on the ground that the compensation determined by the Land Acquisition Officer was inadequate. The matter was referred to the Subordinate Judge, Jeypore u/s 18 of the Act & registered as M.J.C. No. 220 of 1987. The Land Acquisition Officer filed his counter. The Subordinate Judge on analysis of the oral & documentary evidence adduced by the parties confirmed the award passed by the Land Acquisition Officer. 3. Mr. Routray, Learned Counsel for the claimant/Appellant submits that the acquired land is situated half a kilometre away from the railway station & within Sunabeda N.A.C area. It is quite fit for house site. The claimant/Appellant had also grown 208 number of fruit bearing lemon plants over Plot No. 68/848. The cost of each plant was more than Rs. 500. The total cost of 208 lemon trees would be more than Rs. 1,04,000. The prevailing market rate of the acquired land leaving aside the lemon orchard was more than Rs. 25,000 per acre. But the Land Acquisition Officer without taking into consideration the prevailing market rate estimated the value. Besides, in respect of similar kind of land acquired under the very same notification compensation has been awarded at the rate of Rs. 8,000 per acre & a consolidated amount of Rs. 30,000 for the lemon plants. 4. Learned Additional Standing Counsel, on the other hand, submits that the land in question is not homestead.
Besides, in respect of similar kind of land acquired under the very same notification compensation has been awarded at the rate of Rs. 8,000 per acre & a consolidated amount of Rs. 30,000 for the lemon plants. 4. Learned Additional Standing Counsel, on the other hand, submits that the land in question is not homestead. The valuation of the acquired land, as assessed by the Land Acquisition Officer, is just & proper. There is no evidence on record that there was a lemon orchard over plot No. 68/848. Therefore, there is no scope for this Court to interfere with the impugned order. 5. The claimant/Appellant in support of her claim examined three witnesses & exhibited 8 documents. C.W.3 is her husband. C.Ws.1 & 2 are two independent witnesses belonging to the locality where the acquired land situates. The Respondent examined himself as OPW 1 6. On careful consideration of the evidence, both oral & documentary, the Learned Subordinate Judge came to hold that the valuation of the acquired land has been correctly made by the Land Acquisition Collector & the compensation of Rs. 60,009.95 including additional market value at the rate of 14% & solatium at the rate of 30% has been rightly awarded & having held so answered the reference in the negative. 7. Perused the records of this case as well as the records of F.A. Nos. 96 & 97 of 1997. In the instant case, the Land Acquisition Tribunal simply confirmed the assessment made & quantum of compensation awarded by the Land Acquisition Officer without taking into consideration the potency of the acquired land in view of declaration of Sunabeda as NAC & existence of National Highway. Since the acquired land is situated within the Sunabeda NAC & National Highway passes nearby the acquired land, & valuation of such land is increasing day by day, this Court sets aside the award passed by the Learned Subordinate Judge, Jeypore & determines the market value of the acquired land at Rs. 8,000 per acre. So far as lemon plants are concerned, this Court determines the valuation of the same at Rs. 20,000 in toto. The claimant is also entitled to all statutory benefits. The First Appeal is accordingly disposed of.