Orissa High Court
Union Of India vs Shyama Behera & Ors on 29 November, 2023
IN THE HIGH COURT OF ORISSA, CUTTACK
L.A.A. No.15 of 2018
Union of India ....... Appellant
-Versus-
Shyama Behera & Ors. ....... Respondents
For Appellant : Mr. S. B. Panda,
Advocate
For Respondent No.1 : Mr. A. Tripathy,
Advocate
For Respondent No.2 & 3 : Mr. B. Panigrahi,
ASC (R. Nos.2 & 3)
...................
CORAM: JUSTICE SANJAY KUMAR MISHRA
_____________________________________________________________
Date of Hearing and Judgment: 29.11.2023
_____________________________________________________________
S.K. MISHRA, J.
1. Though the appeal has been listed under the heading "Fresh
Admission", being noticed in the matter of limitation, since the learned
Counsel for the private Respondents has already rendered appearance, on
consent of the learned Counsel for the parties, this being an appeal of the
year 2018, is taken up for hearing and final disposal.
2. Impugned is the judgment dated 09.11.2017 passed in L.A. Misc.
Case No.92 of 2007, vide which the Court below enhanced the
compensation amount from Rs.1600/- per decimal to Rs.3000/- per
decimal. The total land acquired by the Railway Authority being 0.24
decimals the additional financial implication towards cost of the land
acquired by the State in terms of the impugned judgment would be around
Rs. 33,600/-.
3. Heard learned Counsel for the Appellant-Union of India so also
Respondents.
4. Though several grounds have been agitated in the Appeal memo,
Mr. Panda, learned CGC for the Appellant draws attention of this Court to
ground nos. F & G of the Appeal memo and submits, the documents
exhibited from the side of Appellant were not taken into consideration by
the trial court. That apart, without any supporting documents or valuation
certificate tendered by the claimant, the compensation amount was
enhanced to Rs.3000/- per decimal instead of Rs.1600/- per decimal, as
has been rightly valued by the Land Acquisition Officer.
5. In response to such submission of the State Counsel, Mr. Tripathy,
learned Counsel for the private Respondent, drawing attention of this
Court to the observation of the court below in paragraph No.8, at internal
page 11 submits, there is no infirmity or perversity in the impugned
award. The relevant portion of the said paragraph is extracted below for
ready reference.
"In the case at hand as per Ext.1 ,0.11 &
1/2 decimals of Sarad Dofasli -- III
Kisam land in mouza-Raipur has been
sold at a consideration amount of Rs.
34,000/- so the market value of one
decimal of Sarad Dofasli -- III Kisam
land was more than Rs. 3000/- prior to
acquisition/notification in suit mouza.
No doubt the Kisam of acquired land in
the present case is inferior than Sarad
Dofasli -- III Kisam land and the market
value of one decimal of Sarad II Kisam
can be taken less than Rs. 3000/- prior to
acquisition/notification in suit mouza as
guess estimate. The evidence of P.Ws
including O.P.W is that the acquired
land is near to a public road. In the
case at hand, the opposite parties
failed to produce any authenticated
document supporting the market value
of the land fixed as discussed above,
even the witness deposed on behalf of
O.P admitted the plea of petitioner.
Thus, in the circumstances, while there is
no direct evidence to ascertain the market
value of the acquired land, the only
course is to ascertain it by guess
estimate. Taking into consideration the
available oral evidence and documents
and submission of learned counsels for
parties, it is clearly found that the market
value of the acquired land was higher
than the value given to the claimant. As
reveals from the evidence, the
acquired land is situated adjacent
Dhipasahi-Raipur road which is
connected to Balugaon-Mahipur
P.W.D road. There are many
residential houses near the acquired
land and the said area is well
electrified and there is also facilities of
telephone. It has been further found
that there is a mini market, Bus stop,
U.G.M.E School and Co-operative
Society near the said land. The L.A.O
has valued the acquired land @ Rs.
1600/- per decimal. Thus, considering
the locational advantage and the
market value of other lands in the said
mouza, I am of the opinion that the
claimant is entitled for higher
compensation @ Rs. 3,000/- per decimal
towards the valuation of the acquired
land."
(Emphasis Supplied)
6. That apart, so far as documents exhibited from the side of
Appellant, the Court below observed as follows:-
"Besides oral evidence, documentary
evidence are also produced from the side
of Opposite party such as, Ext.A, the
sales statistics, Ext.B- the notice u/s. 9 of
L.A.Act. So far as Ext.A is concerned, it
reveals that it is not the certified copy,
rather it is a true copy attested by Land
Acquisition Officer. But neither any
officer was examined to prove the
above document nor any explanation
offered from the side of opposite party
in this regard."
(Emphasis Supplied)
7. Accordingly, relying on the judgment of the apex Court reported in
AIR 1984 SC 774 (Special L.A.O.Avangera vs. P. Veerabhabarappa) so
also other judgments of the apex Court and this Court, the court below
enhanced the compensation amount to Rs. 3000/- per decimal.
8. At this stage, a query being made by this Court, it is submitted at
the bar that the total financial implication as per the enhanced rate would
be around Rs.53,000/-.
9. In view of the above, there being no infirmity or illegality in the
impugned judgment, this Court is not inclined to interfere with the said
judgment.
10. Accordingly, the Appeal stands dismissed.
11. Mr. Tripathy, learned Counsel for the Respondent No.1 submits, at
the instance of his client, Execution Case No.09 of 2018, arising out of
L.A. Misc. Case No.92 of 2007, is now pending in the court of Civil
Judge (Sr. Division), Nayagarh.
12. Hence, the Appellant is directed to deposit the differential
compensation amount with accrued interest and other statutory benefits, if
any, within six weeks hence before the Court below in Execution Case
No.09 of 2018. On being so deposited, the Court below shall do well to
disburse the said deposited amount in favour of the beneficiary within a
week thereafter.
13. Urgent certified copy of this order be granted on proper application
as per rule.
......................
S.K. Mishra, J.
Orissa High Court, Cuttack.
Dated, 29th November, 2023/ Banita
Signed by: BANITA PRIYADARSHINI PALEI
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 02-Dec-2023 15:24:25
