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1995 Supreme(SC) 754

K.RAMASWAMY, K.S.PARIPOORNAN
State Of Orissa – Appellant
Versus
Bru Lal Misra – Respondent


Advocates:
B.D.SHARMA, R.K.MEHTA

JUDGMENTS :- These three appeals are disposed of by a common judgment since the questions of law raised are common.

2. A notification under Section 4(1) of the Land Acquisition Act (for short, `the Act) was published in 1968 acquiring 0.62 acre, 0.82 acre and 0.15 acre in Survey No.704, 705 and 706/80 respectively for construction of over-bridge, near Vedavyas in Rajganjpur - Rourkela Road. The Land Acquisition Officer determined the compensation under Section 11 of the Act between Rs.1,360/- per acre to Rs.2912/- per acre. On reference, the Subordinate Judge, by award and decree dated January 19, 1970, while determining the compensation at the rate of Rs.200/- per decimal, on the basis of comparable sales which ranged between Rs.100/- to Rs.115/- per decimal, further enhanced 25% of the compensation for future potential value which was upheld by the High Court by its impugned judgment dated August 16, 1978. The only question, rightly canvassed by Shri Mehta, learned counsel for the appellant is whether the Courts having determined the compensation take the potential value. Whether would be right to further enhance compensation at 25% more for future potentiality. The High Court pla







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