Orissa High Court
Gayadhar Sahoo And Another vs Land Acquisition Collector on 5 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
LAA No.67 of 2011
Gayadhar Sahoo and another ..... Appellants
Mr. Niranjan Panda, Advocate
Vs.
Land Acquisition Collector, ..... Respondent
Bhadrak
Mr. N. Pratap, ASC
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
05.10.2023
Order No. The matter is taken up through hybrid mode.
08.
2. Heard Mr. Panda, learned Counsel for the Appellants and Mr.
Pratap, learned ASC for the Respondent.
3. The present Appeal has been preferred under Section 54 of the
Land Acquisition Act, 1894, shortly, LA Act challenging common
judgment dated 22.06.1998 passed in L.A. Misc. Case Nos. 228 and
229 of 1996. But, this Appeal is confined to judgment in L.A. Misc.
Case No.228 of 1996 passed by the learned Civil Judge (Senior
Division), Bhadrak (hereinafter referred to as "referral court").
4. Mr. Panda, learned Counsel for the Appellants submits, the
present Appeal is covered by the judgments delivered by the coordinate
Bench in LAA Nos.143 and 144 of 2010 and LAA No.4 of 2012, all
dated 20.06.2022. Copies of the said judgments being supplied to the
learned ASC for the State-Respondent, Mr. Pratap submits, the land in
question in the present Appeal being situated in different village i.e.
"Helpur" and kissam of the said land acquired by the State being Sarad-
Jala-II, the judgments cited by the learned Counsel for the Appellants
may not be applicable to the present Appeal.
5. In response to the said submission of Mr. Pratap, learned
Counsel for the Appellants draws attention of this Court to Paragraph-2
of the impugned judgment, vide which it has been clearly mentioned
that under the various preliminary notifications under Section 4(I) of
the Act published on different dates in Orissa Gazettee Extraordinary,
lands measuring an area of Ac.217.71 decimals in three villages i.e.
Helpur, Majurigadia and Pahamahura ,under Dhamngar Tahasil, were
acquired by the State on requisition of IDCO for establishment of a
Private Sugar Factory namely, Dharani Sugar and Chemicals Limited
in Mouza Majurigadia. Mr. Panda further submits, though the kissam
of the acquired lands are different, since they are of same level giving
same yield and having same potential land value, compensation
should be paid at the higher rate as has already been held by the
coordinate Bench. He further submits, the referral court, vide the
impugned judgment, held that market value of the Appellants-
claimants' acquired land per acre as on the date of publication of
preliminary notification should be Rs. 45,000/- per acre in respect of
Sarad-Jala-II Kisam of lands and @ Rs. 50,000/- per acre in respect of
Sarad-Jala-I kissam of land . However, the coordinate Bench, in other
connected matters, based on the evidence on record and relying on the
annual net yield of the land to be about Rs.15, 000/- per acre at the
relevant time and applying the capitalization method to determine the
compensation, has held that irrespective of kissam of land pertaining to
those three villages namely, Helpur, Majurigadia and Pahamahura
under Dhamngar Tahasil, the compensation for acquired land should be
@ Rs.1,50,000/- per acre.
6. In view of such submission made by Mr. Panda, learned Counsel
for the Appellants, so also judgments passed by the coordinate Bench,
as detailed above, this Court is of the view that the present Appellants
(claimants before the referral court) are entitled to compensation @
Rs.1,50,000/- per acre for acquiring their land. Accordingly, the
compensation @ Rs.1,50,000/- per acre be computed and paid to the
Appellants with all other statutory benefits within a period of six weeks
from the date of communication / production of the certified copy of
this order.
7. The Appeal is allowed to the extent as detailed above. No order
as to costs.
padma (S.K. MISHRA)
JUDGE
Signature Not Verified
Digitally Signed
Signed by: PADMA CHARAN DASH
Designation: Personal Assistant
Reason: Authentication
Location: Orissa high Court cuttack
Date: 08-Oct-2023 08:36:51
