JUDGMENT

J.P.DAS, J. - This appeal is directed against the order dated 04.04.2011 passed by the learned Civil Judge (Sr. Division), Jaleswar in L.A. No.12 of ;2010 answering the reference made under Section 18 of the Land Acquisition Act confirming the awards granted by the Land Acquisition Collector in respect of the land of the present appellant acquired by the Government of Odisha.

2. The Government of Odisha pursuance to the notification dated 19.05.2006 under Section 4 (1) read with Section 17 of the Land Acquisition Act acquired Ac.28.066 decimals of land comprising of several plots situated in village Padhiharipur under Jaleswar Police Station in the district of Balasore for re-location of one check gate. Two plots measuring to an extent of Ac.0.57 decimals of the land of the appellant were within the said acquired lands. The Land Acquisition Collector made an award under Section 11 of the Land Acquisition Act fixing Rs.15,13,000/- as compensation for the land, ie. @ Rs.9,000/- per decimal, Rs.4,92,623/- as compensation for the houses, Rs.22,000/- for the trees besides other statutory benefits, totalling to an amount of Rs.15,31,496/-.The appellant received the compensation under protest and made a request for reference claiming higher rate of compensation. In the reference, he submitted that his two plots situated adjoining National High Way No.60 land with an intention of setting up an hotel, the appellant had purchased the said land in the year 2004. It was an agricultural land and after getting his name mutated, the appellant got the land converted to homestead variety by depositing the required premium. He filled up the land with sand and earth, constructed pucca boundary wall, constructed accommodation for care taker and watchman and also bore a tube-well. He further submitted that he purchased the required materials for construction of boundary wall, care taker houses and other materials spending huge amount of money. Thereafter, he also planted different varieties of costly fruit bearing and other trees on his land. He also made an application to a Branch of United Bank of India for sanctioning of loan for his proposed hotel and the Bank had agreed to advance the loan of Rs.1,60,00,000/- for the said purpose. He also pleaded that the said land being on the side of the National High Way, the hotel business was supposed to earn huge profit since thousands of vehicles are passing on the road every day. He further submitted that the village, where the acquired land situated, did not have any inhabitants and all the lands except the land of the appellant were agricultural land admittedly. But, homestead land in the adjoining village, namely, Santia was sold at Rs.46,136/- per decimals before publication of the notification and that was not considered by the Land Acquisition Collector while awarding the compensation. The appellant had also filed the certified copy of the said registered sale deed. On the aforesaid submissions, he claimed Rs.20,29,752/- towards the price of land, i.e. @ Rs.46,136 per decimals, Rs.20,00,000/- towards development, Rs.2,00,000/- towards cost of the trees, Rs.2,50,000/- towards cost of the building, Rs.6,00,000/- towards cost of the boundary wall, Rs.40,000/- towards the loss of his current and proposed business, these totalling to an amount of Rs.76,19,752.

3. In course of hearing, oral as well as documentary evidences were placed on behalf of both the sides before the learned trial Court and considering the materials placed before the Court along with the circumstances and submissions, the learned trial Court refused to enhance the compensation amount and confirmed the award made by the Land Acquisition Collector.

4. It was submitted by learned counsel for the appellant that the Land Acquisition Collector as well as the learned trial Court did not consider the valuation of the properties in proper perspective. It was submitted that admittedly, one plot of homestead land was sold in the a