S.K. MISHRA, J. 1.

This Appeal has been preferred against the judgment dated 25.03.2008 passed by the referral Court i.e. the Civil Judge (Senior Division), Keonjhar, in Land Acquisition Reference No.34 of 2006, with a prayer to set aside the said judgment and fix the compensation for acquired land of the Appellant by the State @ Rs.2,500/- per decimal.

2. The brief background facts, which led to filing of the present Appeal under Section 54 of the Land Acquisition Act, 1894, in short ‘the Act’, are that the lands of the present Appellant pertaining to Plot Nos.344, 350, 351, under Khata No.65, measuring an area of Ac 1.52 decimals and Plot Nos.16,23,72,72 / 1232, 51, 12, 386 and 332, under Khata No.66, measuring an area of Ac 2.28 decimals of Mouza Ghutukeswari were acquired by the State vide Gazette Notification No.855 dated 24.07.1995 for development of Daitary Banspani Rail Link, Keonjhar. The lands are of kisam Sarad-I, II, and III. The Land Acquisition Officer (L.A.O.), on the basis of an enquiry, fixed @ Rs.22,000/-, Rs.20,000/- and Rs.18,000/- per acre for Sarad-I, II and III kisam of land respectively. Hence, so far as the lands covered under Khata No.65, compensation @ Rs.28,000/- and the lands covered under Khata No.66, compensation @ Rs.45,040/- were awarded by the L.A.O. The L.A.O. got one sale instance of village Haladiatangiri, which is nearer to the area of the Appellant acquired by the State. The said land was sold in the year 1992 @ Rs.15,000/- per acre. He also came across different sale deeds, where the land of kisam Sarad-II had been sold @ Rs.1,50,000/- <br/>

per acre. In some sale transactions, land of the said kisam was also sold @ Rs.19,000/- and Rs.20,000/- per acre. In respect of kisam Sarad-III, he found four sale instances, where the land has been sold @ Rs.1,90,000/- and Rs.2,85,000/- per acre. But, the L.A.O. did not accept the said value on the ground that there is no sale instance indicating the value in respect of kisam Sarad-I and Sarad-II. Since Sarad-III is inferior to Sarad-I and Sarad-II, he fixed the value of Sarad-III kisam of land @ Rs.18,000/- per acre. The present Appellant, being dissatisfied with the said assessment, raised objection before the L.A.O., as a result of which, the matter was referred to the Court below for disposal.

The present Appellant (Petitioner before the Court below) challenged the assessment on the ground that the L.A.O.

ignored the sale transactions having higher consideration amount. When inferior quality of land has been sold at higher rate, there was no reason for the L.A.O. to fix a very low value for the superior quality of land such as kisam Sarad-I and Sarad-II.

The transaction of the year 1992 may not be a substantial basis for fixing valuation of the land acquired in the year 1995. The said sale transactions should have been considered for assessment of the actual market price of the land in the village. A further ground was taken before the referral Court that the land acquired, situates at a distance, nearer to Keonjhar Town area.

The value of the land has been practically reduced by 50% from the prevailing value. It was specifically stated in the objection petition that the actual value of land per acre would be Rs.44,000/-, Rs.40,000/- and Rs.36,000/- for Sarad-I, II and III kisam respectively.

After taking into consideration the evidence on record, the Court below fixed one value for all the kisam of lands of the Appellant, as detailed above, @ Rs.44,000/- per acre i.e. Rs.440/-

per decimal, taking into consideration the highest value of Sarad-

I kisam of land, which was claimed to be Rs.44,000/- per acre by the present Appellant before the Court below.

Being aggrieved by the said judgment/award dated

25.03.2008, the present Appeal has been preferred basically on the ground that the L.A.O. assessed the compensation amount based on sale statistics and during hear