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1977 Supreme(Ori) 59

R.N.MISRA, N.K.DAS
State of Orissa – Appellant
Versus
Dunda Oram – Respondent


Advocates Appeared:
Advocate-General and Addl. Standing Counsel, for Appellants; R.K. Mohapatra, for Respondents.

Judgement

DAS, J. :- In close proximity to the Rourkela Steel Plant and the Fertiliser Factory where an industrial complex is growing up, A.34.38 dec. of land were acquired by notification under S. 4 (1) of the Land Acquisition Act of 1894 dated 13-5-1969. There is no dispute that the acquisition is also for industrial and building purposes. The Land Acquisition Officer awarded compensation of Rupees 69,306.46. The respondents asked for references under S. 18 of the Act and in the three references the learned Subordinate Judge of Sundargarh enhanced the compensation amount to Rs. 9,75,240 inclusive of 15% of statutory compensation and 25% for potential value of the land upon determining the market value at the rate of Rs. 200 per decimal. As against this decision, the State of Orissa preferred three appeals to this Court which were analogously heard by our learned brother S. K. Ray, J. and were dismissed. These three Letters Patent Appeals against the common decision of the learned single Judge have been heard analogously and are being disposed of by this judgment.

As it appears from para 3 of the judgment of the learnedsingle Judge, two points only were raised by the State Governmen











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