JUDGMENT

A. S. NAIDU, J. — A dissatisfied claimant-land owner has filed this appeal under Section 54 of the Land Acquisition Act (herein¬after called ‘the Act’) challenging the quantum of award passed by the Land Acquisition Collector, which was confirmed in a reference made under Section 18 of the Act by the Civil Judge (S.D.), Berhampur in M.J.C. No. 94 of 1993.

2. Short of all unnecessary details, the short facts leading to filing of the present First Appeal are that the Gov¬ernment of Orissa by its Notification issued under Section 4(1) of the Act dated 12th August, 1988, published in the Orissa Gazette dated 29th October, 1988, acquired a total land measuring Ac. 7.81 decimals appertaining to different Survey numbers and Khata numbers situated at village Ambapua under Berhampur Tahsil for the purpose of extension of Housing Accommodation Scheme of the Berhampur Regional Improvement Trust, now known as the Ber¬hampur Development Authority. Out of the said acquired lands, an area of Ac.0.800 decimals appertaining to Survey Nos. 958 and 699 was owned and possessed by the appellant and she was the exclu¬sive owner thereof.

3. The Land Acquisition Officer, in exercise of the power conferred upon him under Section 11 of the Act passed an award valuing the acquired land of the appellant at the rate of Rs. 1,00,000.00 (one lakh) per acre along with other ancillary bene¬fits flowing under the Act. Being aggrieved by the said award, the appellant filed an objection under Section 18 of the Act which was referred to the then Subordinate Judge, Berhampur, now Civil Judge (S.D.), Berhampur. According to the appellant, her lands were situated in an advantageous position by the side of a main road and according to Government letter dated 21.1.1992 issued by the Revenue and Excise Department, the value of such lands had been fixed at the rate of Rs. 8,00,000.00 (eight lakhs) per acre. It was also contended that the registering officer while impounding the sale deed by which the lands were purchased by the appellant from her mother-in-law had valued the lands at the rate of Rs. 2,00,000.00 (two lakhs) per acre. On the afore¬said basis, the claimant-appellant claimed a compensation for her lands at the rate of Rs. 2,00,000.00 (three lakhs) per acre apart from other statutory benefits.

The Land Acquisition Collector strenuously contested the claim for enhancement of compensation mainly on the ground that the communication issued by the Government fixing the value of land at the rate of Rs. 8,00.000.00 (eight lakhs) per acre had been turned down and that the claimant had purchased Ac. 0.600 decimals out of the acquired land from her mother-in-law only for Rs. 3,000.00 in the year 1977 and the rest Ac. 0.200 decimals in the same year for Rs. 1,000.00 and thus she was not entitled to any higher compensation.

4. To substantiate her case, the appellant-objector exam¬ined one witness and exhibited seventeen documents. On behalf of the State, neither by witness was examined nor any document was exhibited.

5. The learned Civil Judge (S.D.) relying upon a decision of this Court in Gouranga Naik v. State of Orissa, 1991 (II) OLR 226, held that the Notification issued by the Government fixing the valuation of the land at the rate of Rs. 8,00,000.00 (eight lakhs) per acre was struck down and thus the objector-appellant was not entitled to compensation at the said rate. It is perti¬nent to mention here that the Notification was filed and marked as Ext. 16.

6. The Court below also declined to accept the considera¬tion amount reflected in the sale deeds Exts. 5 to 7, which were in respect of lands situated near about the acquired lands on the ground that all the said three sale-deeds were executed in the year 1988, i.e. just before the Section 4 Notification was issued and those related to small portions of homestead lands, and held that the same could not be treated to be the guiding factor for determining the valuation of the lands of the claimant acqui