Remanded

Daya Banchhor v. Special Land Acquisition Zone Officer, Lower Indra Irrigation Project, Khariar

Orissa HC20 Feb 2025LAA/29/2023

Case brief

AI extract

What is this about?

Land acquisition appeal against a reference award fixing lower per-acre compensation than an earlier award for similar kisam land in the same Mouza. The High Court set aside the 2023 award and remitted the matter to the trial court for fresh valuation consistent with the earlier order.

What did the court decide?

Judgment dated 23.08.2023 in LAR No.41 of 2022 set aside; matter remitted for fresh adjudication on valuation in light of LAR Case No.53 of 2012.

Daya Banchhor Vs Special Land Acquisition Zone Officer… — Land Acquisition | Orissa HC (2025)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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LAA No.29 of 2023

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Daya Banchhor

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…. Appellant

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Mr. Sushanta Kumar Joshi, Advocate

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-versus-

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…. Special Land Acquisition Zone Respondent Officer, Lower Indira Irrigation Project, Khariar

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Mr. Ashuman Sethy, Addl. Standing Counsel

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CORAM:

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HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

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Order No. 21.

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ORDER 20.02.2025

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This matter is taken up through Hybrid Mode.

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Heard Mr. Sushanata Kumar Joshi, learned counsel appearing for the Appellant and Mr. Anshuman Sethy, learned Additional Standing Counsel for the Respondent-Special Land Acquisition Zone Officer.

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This appeal is directed against the Judgement and Order dated 23.08.2023 passed by the learned Civil Judge, Senior Division, Nuapada in LAR No.41 of 2022 partly allowing the reference, wherein, the Appellant has prayed for the following reliefs:-

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“It is therefore prays that keeping in view of the aforesaid fact and circumstances into the consideration this Hon’ble Court graciously please to admit the appeal, call for the records and after hearing the parties please to allow the appeal and grant just and adequate compensation basing on the potential value locational importance as well as judgment and order dated 27.02.2019 passed in LAR Case No.53 of 2012 relied by the appellant.

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Page 1 of 4

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And for this act of Kindness, the appellant as in duty bound, shall ever pray.”

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Mr. Sushanta Kumar Joshi, learned counsel for the Appellant drew attention of this Court to judgment and order dated 27^th February, 2019 passed in LAR No.53 of 2012 by the learned Senior Civil Judge, Nuapada. Relevant portion of the said order reflects as follows:-

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“The reference is allowed on contest against the O.P., but with no cost. The petitioners are entitled to get the compensation @ Rs.1,84,000/- per acre, for the plot Nos. 731, 764, 765 & 768 (Atta/Mala) kisam land, Rs.2,30,000/- per acre for plot Nos.601, 721, 754, 767, 766 & 769 (Berna/Bahal) kisam land & Rs.3,45,000/per acre for plot Nos. 666, 668 & 692 (Gharabari) kisam of land per acre. In addition, the petitioners are entitled to the additional market value @ 12% per annum from the date of publication of notice U/s.4(i) of the L.A. Act to till the date of taking possession of the land or date of passing the said award, whichever is earlier, statutory solatium @ 30% on the market value and interest @ 9% per annum for the year (1st year) after acquisition and @ 15% per annum for the subsequent years till the payment on the excess amount of compensation. The O.P. is directed to pay the compensation amount within four months from the date of this order.”

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It is also brought to the notice that the learned Senior Civil Judge, Senior Division, Nuapada has passed judgment and order dated 23.08.2023 in respect of present Appellant in LAR No.41 of 2022, which reflects as follows:-

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“The reference is allowed on contest against the Opposite Party but without any cost. The petitioner is entitled to get compensation at Rs.92,000/- per acre

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Page 2 of 4

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for Atta/Mala Kisam land, Rs.1,15,000/- per acre for Berna/Bahal kisam land and Rs.3,45,000/- per acre for Gharabari Kisam land. In addition, the petitioner is entitled to additional compensation @ 12% per annum from the date of publication of notice u/s. 4(i) of the Act till date of taking possession of the land or date of passing the said award, whichever is earlier, statutory solatium @ 30% on the market value and interest at 9% per annum for first year after acquisition and 15% per annum till actual payment is made on the excess amount of compensation. The opposite Party is directed to pay compensation amount within four months from the date of this order. Accordingly, the reference is answered.”

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It is urged by Mr. Sushanta Kumar Joshi, learned counsel for the Appellant that in respect of Berna/Bahal, Atta/Mala and Gharabadi Kisam land while deciding LAR No.53 of 2019 vide judgement dated 27^th February, 2019 relating to the similar kissam of land situated in the same Mouza as that is subject matter in LAR No.41 of 2022, the learned Senior Civil Judge, Nuapada after 4 years of passing the earlier order could not have reduced the valuation while determining the valuation in the present case.

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After examining both the orders Mr. Anshuman Sethy, learned Additional Standing Counsel for the respondent submitted that on the face of the record the submission advanced by Mr. Sushanta Kumar Joshi, learned counsel for the Appellant is correct.

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Faced with such situation and on the face of aforesaid order in LAR No.53 of 2012 and LAR No.41 of 2022 passed by the learned Senior Civil Judge, Senior Division, Nuapada, it is apparent that the valuation, which was determined in respect of afore discussed kisam of land in 2019 could not have been shown at

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reduced valuation in 2023 in respect of similar/same kisam of land in 2019.

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Considering the contentions and arguments advanced by learned counsel for the respective parties it is deemed appropriate to set aside judgment and order dated 23.08.2023 passed in LAR No.41 of 2022 by the learned Senior Civil Judge, Senior Division, Nuapada and the matter is remitted to set for a fresh adjudication in the light of the judgment and order passed in 27^th February, 2019 rendered in LAR Case No.53 of 2012, if the kissam, mouza and situational position of the land are found similar in both the cases. The learned Senior Civil Judge would be competent to assess the valuation of the land.

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Accordingly, the land acquisition appeal filed under the provisions of the Land Acquisition Act, 1894 stands disposed of.

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The learned Senior Civil Judge is requested to make an endeavour to conclude the proceeding within a period of four months.

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(M.S. Raman) Judge

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Suchitra

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Signature Not Verified

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Digitally Signed Signed by: SUCHITRA BEHERA Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Feb-2025 17:56:01

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Daya Banchhor v. Special Land Acquisition Zone Officer, Lower Indra Irrigation Project, Khariar

Case brief

What is this about?

What did the court decide?

Daya Banchhor v. Special Land Acquisition Zone Officer, Lower Indra Irrigation Project, Khariar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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