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2009 Supreme(Ori) 825

L.MOHAPATRA, B.N.MAHAPATRA
DHAMARA PORT COMPANY LTD. – Appellant
Versus
SOUMYA RANJAN MOHANTY – Respondent


Advocates Appeared:
A.K. Parija, S.P. Sarangi, B. Ch. Mohanty, P.P. Mohanty, P.K. Dash, D.K. Das and A. Pattnaik, for the Appellant; G. Rath, S.N. Mishra, T.K. Praharaj and S. Rath, R.K. Mohanty, D.K. Mohanty, A.P. Bose, S.K. Mohanty, P. Jena, S.N. Biswal and S. Mohanty, A.S.C.s, for the Respondent

JUDGMENT :

B.N. Mahapatra, J. - This is an appeal u/s 54 of the Land Acquisition Act 1894 (for short 'the Act') against the order dated 18.0and.2008 passed in Land Acquisition Misc. Case No. 293/2006 wherein the learned Civil Judge (Senior Division), Bhadrak (for short 'Referral Court') determined the market value of the acquired Gharabari land belonging to Respondent No. 1- Soumya Ranjan Mohanty ' of Rs. 30 lakhs per acre and directed the Special Land Acquisition Officer, Dhamara Port Project, Bhadrak to reassess the compensation payable for the above land accordingly and pay the compensation amount to Respondent No. 1 along with other statutory benefits and the compensation awarded towards trees, hutment and pond after deducting the amount already paid to and received by him.

2. Bereft of unnecessary details, the facts and circumstances giving rise to the present appeal are that on 21.06.2005, the Notification u/s 4(1) of the Act was issued for acquisition of Ac.21.03 decimals of land which includes Ac.3.and2 decimals of land of Kissam Gharabari appertaining to Plot No. 126 under Khata No. 190/38 of Mouza Tisalpur belonging to Respondent No. 1 for construction of Railway corridor f










































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