The Collector award companypensa tion to the appellants at the rate of Rs.2,000 per acre.
15,000 per acre.
On the evidence on record it is apparent that the land in dispute is adja cent to the Industrial area of Charbatiya where a large number of factories including Orissa Textile Mills, Kalinga Tubes Ltd., a number of other factories are situate.
The appellants are owners of Plots Nos.
Aggrieved, the appellants have preferred this appeal after obtaining certificate from the High Court.
Plot No.
The learned companynsel brought to our numberice a number of judgments of the High Court where companypensation for adjacent land acquired by the same Notification was determined at the rate of Rs.
15,000 per acre.
From the Judgment and Order dated 14.7.1972 of the Orissa High Court in First Appeal No.
The evidence on record further indicates that even though the land was being used for agriculture purposes but it was fit for number agricultural purposes and it had potentiality for future use as factory or building site.
On appeal by the respondents, the High Court modified the order of the Subordinate Judge and directed that the appellants be paid companypensation at the rate of Rs.7,500 per acre.
177/16, 177/16 A, 177/17 and 177/17 A and situate in village Jagbhairab having an area of about 12 acres.
15,000 per acre.
177 is a big plot having various sub plots which are owned by different persons.
Learned companynsel for the appellants urged that the High Court was number justified in reducing the companypensation awarded by the Subordinate Judge, as there was ample evidence on record to show that the market value of the land was much more than determined by the High Court and developmental activities had taken near the land as result of which the value of the land had appreciated tremendously.
On a reference made at the instance of the appellants the Subordinate Judge, Cuttack awarded companypensation at the rate of Rs.15,000 per acre.
15,000 per acre by the High Court are adjacent and there was numbervalid ground to award companypensation to the appellants at a reduced rate.
696 of 1973.
117 of 1971.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The learned Subordi nate Judge on perusal of the oral and documentary evidence on record determined the market value of the land at the rate of Rs.
177/16, 177/16 A, 177/17 and 177/17 A. The land companytained in other sub plot Nos.
A numberification under sec.4 of the Land Acquisition Act, 1894 wasissued on 2.2.67 and in pursuance thereof the appellants land along with other land was acquired by the Government for the purpose of companystruction of Aviation Research Centre at Charbatiya.
177/19, 177/10 and 177/7 was also acquired and the companypensation in respect thereof was determined by High Court uniformally at the rate of Rs.
The Judgment of the Court was delivered by, SINGH, J. This appeal on certificate under Art.
Vijay Mohanty, P.N. Misra S.K. Jaina for the Respondents.
15,000 per acre for the land which is quite adjacent to the appellants land.
There are five judgments of the High Court on record in respect of various sub plots of Plot No.
133 1 a of the Constitution is directed against the Judg ment and Order of the High Court of Orissa at Cuttack set ting aside the order of the Subordi nate Judge, Cuttack and reducing the amount of companypensation awarded to the appellants.
P. Singh and Ranjit Kutnar for the Appellants.
The appellants are owners of plots in dispute which include Plot Nos.
