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2021 Supreme(Ori) 265

D.DASH
Spl. L. a. o. , Subarnarekha Irrigation Project, Bahalda, Baripada. – Appellant
Versus
Baisakhi Biruli – Respondent


Advocates Appeared:
Mr.G.N. Rout, Advocate, (Additional Standing Counsel), for the Appellant; M/S Basudev Pujari, B.K. Nayak & S.K. Pradhan, Advocates, for the Respondent.

JUDGMENT

D. Dash, J. - The Appellants by filing this Appeal have assailed the judgment/award dated 24.02.2020 passed by the learned Civil Judge (Senior Division), Rairangpur in L.A. Misc. Case No.35 of 2017 in the matter of reference under section 18 of the Land Acquisition Act, 1894 (for short 'the L.A. Act'). The land measuring Ac.5.88 decimals in nine plots recorded under Khata No.84/13 of Mouza-Nandua belonging to the Respondents (claimants) had been acquired by the State for the purpose of construction of Subarnarekah Ichha Dam. The Land Acquisition Officer had awarded compensation of Rs.7,31,277/- for the said acquired land. In doing so, the market value of the land under Sarad-I and II kissam had been assessed at Rs.98,700/- per acre whereas the market value of the homestead land under acquisition had been fixed at Rs.1,00,000/- per acre. For the land under kissam Dahi-I , the Land Acquisition Officer had fixed the market value at Rs.65,200/- per acre. However, in view of the demand raised by the Respondents for payment of higher compensation, the matter stood referred to the Court under section 18 of the Act (hereinafter referred to as the 'Referral Court') for determination

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