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2002 Supreme(Ori) 200

PRADIP MOHANTY
Special Land Acquisition Officer, Rengali Irrigation Project, Dhenkanal – Appellant
Versus
Sauri Charan Sahu – Respondent


Advocates:
For Appellant:Mr. P. Rout, Addl. Standing Coun¬sel
For Respondent:None

JUDGMENT

PRADIP MOHANTY, J. — The first appeal arises out of the order dated 1.12.1994 passed by the Civil Judge (Sr. Divn), Kamakhyanagar in Land Acquisition Misc. Case No. 56 of 1993.

Though notice has been made sufficient against the sole respondent-claimant, none appears when the appeal was heard on merit.

2. The case of the appellant in brief, is that land having an area of Ac. 0.88 decimals corresponding to plot Nos. 729,743, 778,813 and 814 under Khata No. 215 of village Chandpur in the dis¬trict of Dhenkanal were acquired in pursuance to notification dated 2.2.1989 under Section 4 of the Land Acquisition Act for the purpose of Rengali Irrigation Project. The lands are “Sarada-III’ variety.

The appellant-Land Acquisition Officer determined market value of the said ‘Sarada-III’ variety land at the rate of Rs. 14,000/- per acre. There were a palm-tree, a date-palm-tree and a banian tree on the acquired land at the time of acquisition. For the purpose of the above trees, the claimant was awarded Rs. 74/- towards compensation. The Land Acquisition Officer awarded a total sum of Rs. 20,560/- including solatium and interest for the above acquisition of lands.

According to the res








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