Orissa High Court
General Manager vs Ramakanta Pradhan on 24 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.497 of 2017
General Manager, MCL .... Appellant
Mr. Somadarsan Mohanty, Advocate
-versus-
Ramakanta Pradhan .... Respondent
Mr. B. Mohanty, counsel for Respondent
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
24.4.2023
Order No.
06. 1. The matter is taken up through hybrid mode.
2. Heard Mr. S. Mohanty, learned counsel for the Appellant and
Mr. B. Mohanty, learned counsel for the Respondent.
3. Present appeal under Section 20 of the Coal bearing Area
(Acquisition and Development) Act, 1957 by the General Manager,
MCL is directed against impugned judgment dated 26th August, 2017
of learned P.T.T., C.B.A.(O) - cum- District Judge, Dhenkanal passed
in T.C. No.63 of 1995.
4. Learned referral court has enhanced the compensation amount
in respect of the acquired land to the tune of Rs.80,000/- per acre
along with solatium and other benefits.
5. Mr. S. Mohanty, learned counsel for the MCL (Appellant)
submits that the rate in adjacent areas like Jorabag has been fixed at
Rs.40,000/- per acre and has been confirmed by this court in First
Appeal No.374 of 1998 by order dated 25th July, 2014. Therefore, the
amount @ Rs.80,000/- per acre as fixed by learned Referral Court is
excessively high.
6. On the other hand Mr. B. Mohanty, learned counsel for the
Respondent - land-loser submits that in a connected case, i.e. First
Appeal No.290 of 1998 and batch, this court has fixed the value at the
rate of Rs.80,000/- per acre in respect of Brajaraj Nagar Municipal
area and Orient Paper Mills under Belpahar Notified Area Council
(NAC).
7. The extent of land in the present appeal is Ac.3.32 dec. in
Mouza Chingriguda in the district of Jharsuguda. It is undisputed that
Mouza Chingriguda comes within Belpahar NAC. As per the finding
of learned District Judge based on evidence of O.P.W.1, Village
Jamkani and Chingriguda situate adjacent each other and both these
villages are coming within Belpahad Municipality as Ward No.15 and
14 respectively. Further, village Chingriguda has become a part of
Belpahad town area as per Gazettee of the year 1971. It also remains
admitted that on 25th September 1994, when the compensation was
calculated, village Chingriguda was already declared as part of
Belpahar NAC. It needs to be mentioned here that Section 4
Notification is dated 28th May, 1986 and Section 9 Notification is
dated 14th April, 1990. Therefore, the claim of the land-owner that it
was became part of Belpahar NAC by the time of acquisition remains
uncontroverted and established on record.
8. Mouza Jurabag, concerning FA No.374 of 1998 as cited on
behalf of MCL, is not shown to be a part of Belpahar NAC and it is
admitted at the bar that village Samanda, Gumbadera, Jamkani and
Jorabag are surrounding village Chingriguda. Therefore, applicability
of the rate fixed for Jorabag as submitted by Mr. S. Mohanty, learned
counsel for MCL is not found acceptable. It is for the reason that
village Chingriguda as per its geographical situation is presently
constituting Ward No.14 of Belpahar NAC. This court in order dated
19th August, 2014 in FA No.290 of 1998 and batch, by relying the
decision of Hon'ble Apex Court in SLP No.4036, 4410 and 4447 of
2010, have observed that, the amount of Rs.80,000/- per acre should
be fixed in respect of lands in Brajaraj Nagar Municipal area and
Orient Paper Mills area within Belpahar NAC and has accordingly
directed the Referral Court to fix the compensation amount @
Rs.80,000/- per acre.
9. Therefore, keeping in view the rate fixed in respect of Brajaraj
Nagar and Orient Paper Mills Municipal area, the rate of Rs.80,000/-
as fixed by learned District Judge for Mouza Chingriguda, which is
undisputedly a part of Belpahar NAC, cannot be stated as excessive.
In the opinion of this court the amount so determined by the District
Judge is just and proper, which is confirmed accordingly.
10. In the result the appeal is dismissed.
11. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
