Orissa High Court
Union Of India vs Collector on 11 November, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
LAA NO.69 OF 2016
Union of India .... Appellant.
Mr. Avijit Pal, Advocate
-versus-
Collector, Nayagarh & Others .... Respondents
CORAM:
MR. JUSTICE D.DASH
ORDER
11.11.2021
MISC. CASE NO.215 OF 2016
Order No.
05. 1. This matter is taken up through hybrid arrangement
(virtual/physical mode).
2. Heard.
In view of the payment of the deficit court fee, the prayer
advanced in this application does not survive for consideration.
The I.A. is accordingly disposed of.
(D. Dash),
Judge.
ORDER
11.11.2021
MISC. CASE NO.214 OF 2016
Order No.
06. 1. Heard.
Considering the submissions made and on going through
the averments made in the petition, the delay of only 23 days in
filing the Appeal is condoned.
The I.A. is accordingly disposed of.
(D. Dash),
Judge.
// 2 //
ORDER
11.11.2021
LAA NO. 69 OF 2016
Order No.
07. 1. The Appellant, by filing this Appeal under Section-54 of
the Land Acquisition Act, 1894 (for short, the LA Act) has assailed
the judgment / award dated 26.08.2016 passed by the learned
Senior Civil Judge, Nayagarh in L.A. Misc. Case No.60 of 2013.
2. Facts necessary for the purpose run on the score that the
land measuring Ac.0.06 decimals appertaining to Khata
No.285/517, Plot No.810/2628 of kisam Gharabari, in mouza
Laxmiprasad in the District of Nayagarh owned by the Respondent
No.3 has been acquired for the purpose of Khurda Road-Bolangir
Rail Link Project. The Land Acquisition Officer assessed the
compensation payable to the Respondent No.3 for the acquired
land at Rs.60,300/- as payable together with the statutory benefits
as available. The Respondent No.3 having received the awarded
compensation, raised objection to the said assessment market value
of the land in further claiming the enhancement of the
compensation amount and that is how a reference under Section-18
of the LA Act has been made to the Court of Senior Civil Judge,
Nayagarh (hereinafter referred to as Referral Court).
3. Respondent No.3 claimed that the market value of the said
plot of the land has been assessed on a lower side. It is further
stated that the land in question being of Gharabari kisam is situated
at a short distance from Khandapda-Nayagarh PWD Road and
Bhubaneswar-Bolangir National Highway. It is claimed that that
the acquired land comes under Laxmiprasad village which is a well
developed village. With all these, the Respondent No.3 claimed to
fix the market value of land @ Rs.40,000/- per decimal.
// 3 //
4. The Appellant and others arraigned as Opposite Parties in
the said proceeding, resisted the claim of enhancement of
compensation as advanced by the Respondent No.3 in stating that
the compensation as has been assessed by the Land Acquisition
Officer is just and proper.
5. The Referral Court coming to answer the reference has
gone to decide as to whether the Respondent No.3 is entitled to any
higher compensation for the land acquired. On going through the
evidence, the Referral Court has held the Respondent no.3 to be
entitled to compensation @ of Rs.13,500/- per decimal and
accordingly, has directed the Appellant to pay the compensation
for the acquired land computing the market value of the land
accordingly with other available statutory benefits.
6. Mr. Avijit Pal, learned Counsel for the Appellant submits
that the conclusion of the learned Referral Court that the market
value of the land would be at the minimum of Rs.13,500/- per
decimal is against the weight of evidence on record. Referring to
the judgment/ award, he points out that the evidence on record has
not been appreciated in a just and proper manner. According to
him, in determining the market value of the acquired land, the
learned Referral Court has not appreciated the documentary
evidence properly. He, therefore, submits that it is a fit case for
interference with the award which is mere guesstimation which is
not permissible.
Keeping in view the submissions made, I have carefully
gone through the impugned judgment/ award passed by the
Referral Court.
// 4 //
7. It would be seen that the land of the Responent-3 stood
recorded under Khata No.285/517 assigned with Plot No.810/2628
and out of the total land of Ac.0.18 decimals, land measuring
Ac.0.06 decimals has been acquired for the said project. It also
reveals that a piece of land which was transacted on 02.01.2012 in
that locality was valued on 34,000/- per decimal and another piece
of land sold on 16.3.2012 was valued at Rs.26,500/-. The sale deed
has been marked Exts.2 and 3 respectively. Although, it is the
evidence of P.W.1 that she purchased the acquired land, she has
not produced the concerned sale deed. She having deposed that the
village where the land situated is a developed village, it has not
been so stated giving out some such development to be taken note
of for the present purpose so as to draw an inference as to the
future. This land is also at the outskirt of Nayagarh Town. It also
reveals that though the acquired land stands recorded under kisam
Gharabari, it is situated within the proximate of the National
Highway about 1 k.m away from the heart of the Nayagarh Town
as per the case of the Appellant. Keeping in view the evidence on
record and the attending the circumstances as those emanate
therefrom, the Referral Court has rightly said that the market
potentiality of the land standing fetch higher price than ordinary
agricultural land. Taking into account the documentary evidence
Ext. 2 and 3 which are the two sale transactions of the land in the
vicinity with some guesstimation, the Referral court having
determined the market value at Rs.13,500/- per decimal; this Court
finds no such reason/justification to interfere with the
determination of the market value of the acquired land as made by
the Referral Court and accordingly, the direction to so compute the
compensation with the allowable statutory benefits to the paid to
the Respondent No.3 is held to be well in order.
// 5 //
8. Resultantly, the Appeal stands dismissed. No order as to
cost.
Issue urgent certified copy as per rules.
(D. Dash),
Judge.
Narayan
