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2022 Supreme(Ori) 334

D.DASH
Assistant Defence Estate Officer, Bhubaneswar – Appellant
Versus
Satrughna Mohanty (Since Dead) By his LRs – Respondent


Advocate Appeared:
For the Appellant : Mr. A.K.Mohanty, Central Government Counsel
For the Respondent:M/s. N.Panda, M.K. Panda and G.Mohapatra (Advocates)

JUDGMENT :

D. Dash, J.

The Appellant by filing this Appeal under Section-54 of the Land Acquisition Act, 1984 (for short called as ‘the LA Act’) has challenged the award dated 22.09.2017 passed by the learned Senior Civil Judge, Balasore (hereinafter referred to as ‘the Referral Court’) in Land Acquisition No.402 of 2014 in the matter of reference under section 18 of the Act.

2. Based upon a requisition made by the Appellant, the Government of Orissa published notification on 16.08.2007 under section 4(1) of the LA Act for acquisition of Ac.8.567 decimals of land owned by several persons in the Revenue Village of Karanjia under Balasore Town Police Station. The purpose was for construction of bypass road from Kuruda to Patrapada. Subsequently, notification under section 6 of the LA Act was published on 28.08.2008.

The land belonging to the original Respondent No.1 (Since Dead and are represented by his legal representatives as Respondent Nos.1(ka) to 1(gha)) under Plot Nos.674, 675, 676, 678 and 812 under Khata No.172 and under Plot Nos.679 & 680 under Khata No.67 of Mouza-Karanjia, in total measuring Ac.0.977 decimals was acquired. The Land Acquisition Officer assessed the market valu

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