Court : Orissa
Reported in : AIR1976Ori230
..... the court of the munsif, bhadrak, and hence the exercise of the powers of the state government under act 1 of 1894 is mala fide and in derogation of the powers conferred on the state government under the aforesaid act. hence the proceeding under land acquisition act is mala fide (sic).' indisputably the plaintiffs had obtained a decree against some of the defendants declaring their title ..... is made under the provisions of section 6 of act 1 of 1894, to all whom it may concern. a plan of the land may be inspected in the office of the collector, balasore. by order of the governor.. ... ...' section 6 of the land acquisition act provides :-- '(1) subject to the provisions of part vii of this act, when the appropriate government is satisfied, after considering the .....
Tag this Judgment!Court : Orissa
Reported in : 93(2002)CLT311
..... . this is an appeal under section 54 of the land acquisition act, 1894 (hereinafter referred to as 'the act') challenging the award dated 15.12.1993 of the learned subordinate judge, angul in l. a. misc. case no. 19 of 1986 on a reference under section 18 of the act.2. the facts leading to this appeal are as follows ..... compensation at the rate of rs. 12,500.00 per acre of all varieties of land and the claimants received the awarded amounts under protest. they requested the land acquisition officer to make a reference under section 18 of the act to court and out of several references, the learned subordinate judge, angul disposed of thirty ..... court. as in the present case, in early eighties large tracks of land were acquired in the state of orissa by invoking the provisions of the act for establishing an aluminium smelter plant and other ancillary industries, civil township and supporting services. the land acquisition officer made an award accepting the rates suggested by the collector, i. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori187
..... and i am reproducing the same below in full:'statement of objects and reasons. it is felt that unusual delay is caused in the disposal of land acquisition cases under the existing procedure laid down in the land acquisition act 1894, with the result that the execution of multipurpose hydroelectric projects is being hampered. it is therefore proposed to enact a special law for quick disposal ..... , resettlement of displaced persons and for matters incidental thereto in the province of orissa'.sub-section (2) of section 3 of the act says: '(2) any notification issued under the provisions of section 4 of the land acquisition act 1894, for the acquisition of land for a public purpose in respect of the hirakud dam, reservoir and other necessary requirements of the mahanadi valley scheme or machhakund .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori76
..... questions of fact and law and were heard together and are being disposed of by this common judgment. 2. an acquisition proceeding under the land acquisition act (central act 1 of 1894) (hereinafter referred to as 'the act') is under challenge in these writ applications. the land in question had been acquired by the government of orissa in the revenue department for the purpose of development of new ..... was right in taking a similar view in the impugned judgment.' in view of the authoritative pronouncement of the supreme court interpreting the provision of section 11a, explanation of the land acquisition act, the division bench decision of the andhra pradesh high court in air 1993 ap 195, cannot be said to be a good law and an order from the court directing .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT493
s. panda, j.1. this is an appeal under section 54 of the land acquisition act (hereinafter referred to as 'the act') against the award dated 25.2.2000 passed by the learned civil judge (sr. divn.), deograrh, in land acquisition misc. case no. 18 of 2000.2. the brief facts of the case leading to this appeal are stated herein below:the government of orissa proposed ..... a notification under section 4(i) of the act dated 27.8.1976 was published in the orissa gazette eog no. 65185 dated 30.10.1978. the land acquired consists of agricultural land, gharabari and an orchard measuring an area of ac.5.12 decimals, ac.0.20 decimals and ac.0.43 decimals respectively. the land acquisition officer-cum-collector, deogarh awarded a total .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT369; 2008(I)OLR61
..... judge (senior division), jajpur in l.a. misc. case no. 35 of 1991 answering a reference under section 18 of the land acquisition act (herein after referred to as 'act').2. ac. 8.48 decimals of lands appertaining to plot no. 13, 30, 31, 32, 33, 34 and 35 under khata no. 1/4 of village-kanjiapal ..... the date of award, but there may be cases under section 17 whereby invoking urgency clause possession has been taken before the acquisition proceedings are initiated. in such cases compensation under the land acquisition act would be payable by virtue of the provision of section 17 from the date possession was taken.9. the cumulative reading of ..... possession was taken it becomes evident that advance possession of the land was necessary in public interest and that would bring the case within section 17 of the act. since the claimant-respondents were deprived of possession and enjoyment of their land since 1966 learned land acquisition collector also thought it proper to award interest from the date .....
Tag this Judgment!Court : Orissa
Reported in : AIR1978Ori74
..... the fertiliser factory where an industrial complex is growing up, a.34.38 dec. of land were acquired by notification under section 4(1) of the land acquisition act of 1894 dated 13-5-1969. there is no dispute that the acquisition is also for industrial and building purposes. the land acquisition officer awarded compensation of rupees 69,306.46. the respondents asked for re-ferences under section ..... 18 of the act and in the three references the learned subordinate judge of sundargarh enhanced the .....
Tag this Judgment!Court : Orissa
Reported in : [1974]93ITR102(Orissa)
..... praesenti and the solvendum was in future. in the circumstances, the right to receive interest at the rate prescribed under section 34 of the land acquisition act, 1894 (1 of 1894), was already vested in the assessee and the interest was payable though the actual disbursement could not have been made until final quantification of ..... extracted above for determination of this court.4. the orissa act, 18 of 1948, is a statute for acquisition of land for certain specified purposes. its provisions are more or less supplemental to the land acquisition act of 1894 (central act 1 of 1894). though in the orissa act there is no provision for payment of interest, on the ..... basis of section 34 of the centred act, interest has been found payable. their lordships of the supreme court in satinder .....
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Reported in : AIR2000Ori161
..... valuation of the property, claims were raised for higher compensation and the land acquisition collector, jagatsinghpur, referred the claims under section 18 of the land acquisition act ('the act', for short) for fixation of fair amount of compensation in respect of the lands acquired belonging to several persons. these reference gave rise to 25 land acquisition cases which were tried and disposed of by the learned civil judge (senior ..... valued at rs. 12,500/- per acre.3. applications were filed under section 18 of the act before the land acquisition collector claiming higher a compensation on the following grounds :(1) the acquired land is adjacent to paradeep port and the declared village comes under paradeep port trust.(2) the land acquired is adjacent to railway station, paradeep port and the bus-stand.(3) the .....
Tag this Judgment!Court : Orissa
Reported in : 100(2005)CLT228
..... 22.1.2004 issued therefor by the state government under section 4(1) read with sub-sections (1) and (4) of section 17 of the land acquisition act, 1894 (in short 'the act') under annexure-4.2. the brief facts as narrated in this writ petition tend to reveal that petitioner nos. 8 to 10 are the original owners ..... do not find any irregularity in invoking the emergency clause under section 17(4) of the land acquisition act by the opposite parties in issuing the notification under section 4(1) read with sub-section (1) and (4) of section 17 of the land acquisition act, we cannot accede to the prayer of the petitioners. the writ petition is accordingly dismissed.p ..... the usual procedure and should not have invoked the emergency power in section 17(4) of the act thereby excluding applicability of the usual procedures as laid down in the act.4. a counter affidavit has been filed by the land acquisition officer on behalf of opposite parties 1, 2 & 3 indicating therein that on receipt of requisition .....
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