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1964 Supreme(Ori) 69

G.K.MISRA
MANU PUJHARI – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
B.Mohapatra, R.K.MOHAPATRA

G. K. MISRA, J.

( 1 ) INITIALLY there were three objectors. Dibakar Pujhari a brother of other objectors, died during the pendency of the arbitration proceedings. The disputed lands constitute 13. 09 acres and are described as Brahmattar Mafi (Niskar) Sir lands in village Berhampura in Mahadebpalli, P. S. in the district of Sambalpur. The objectors claim Rs. 43,460/- as compensation on the basis of 16 times of the net annual yield. The Land Acquisition Officer offered only Rs. 8265/9/ -. On 30-4-1983 the arbitrator held that the objectors failed to give any evidence as to what was the net annual yield. He accordingly awarded compensation of Rs. 8265/9/- as offered by the Land Acquisition Officer. In the body of the award, he, however, held that the disputed lands were transferable and objectors were entitled to compensation at 16 times of the net annual yield. He rejected the claim of the petitioners to get compensation at 16 times of the net annual yield on the basis of verma Settlement Report of 1932 on a finding that there was no crop cutting experiment performed in the Verma Settlement proceedings for determination of the net annual yield. His conclusion was based on the findi















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