JUDGMENT

P. K. TRIPATHY, J. — Heard. On the consent of the parties, the appeal stands disposed of at the stage of hearing under Order 41 Rule 11, C.P.C.

The Land Acquisition Zone Officer, Talcher-Sambalpur Rail Link, Angul has filed this appeal under Section 54 of the Land Acquisition Act, challenging to the award passed on 26.4.1997 by the Civil Judge (Senior Division) Angul, in L.A. Misc. Case No. 73 of 1994 under Section 18 of the Act, 1894 (in short the ‘Act’).

2. The fact which is not in dispute between the parties is that an area of Ac. 0.25 decimals of Bajefasal category of land belonging to the respondent in village Nankapasi was acquired by the State vide declaration No. 55694 dated 1.9.1989 published in Extraordinary Gazette No. 1299 dated 7.9.1989, That land was acquired for construction of Talcher-Sambalpur Railway line. Learned Addl. Govt. Advocate states that appellant assessed the compensation at the rate of Rs. 12,500/- per acre and determined the compensation @ Rs. 3,875/- excluding the statutory benefits. In that respect the awarded amount of compensation under Section 11 of the Act as received by the respondent on protest and claimed for higher compensation at th