of Orissa Vs. Rajakishore Das  INSC 186
(5 February 1996)
K.Ramaswamy, K.G.B. Pattanaik (J)
1996 AIR 1508 1996 SCC (4) 221 JT 1996 (3) 560 1996 SCALE (3)68
O R D
the respondent has been served, he does not appear either in person or through
counsel. This appeal by special leave arises from the order dated 1.3.1990 made
by the High Court of Orissa in First Appeal No.252/87.
notification under section 4(1) of the Land Acquisition Act, 1894 was published
in the Gazette on 25.3.1985 acquiring about 120 decimals of land for extension
of Vidyut Marg in Bhubaneshwar Municipality. The Land Acquisition Officer passed his award under
Section 11 on 7.10.1985 awarding a total compensation of a sum of Rs.1 lakhs.
Dissatisfied therewith, the respondent sought for reference and also demanded
Rs.2 lakhs for the building constructed thereon. The reference Court by
judgment and decree dated 19.8.1987 awarded compensation @ Rs.1,66,000/- per
acre and other statutory benefits. On further appeal, the High Court enhanced
the compensation in respect of The building from Rs.10,000/- to Rs.1 lakh.
Feeling aggrieved with the enhanced compensation in respect of the building,
this appeal by special leave has been filed.
Division Bench has recorded the finding that though a sale was purported to
have been made of the half constructed building on March 30, 1981 for residential purpose, the sanction for the construction
of the building from the Municipality was not obtained. The construction was
unauthorized. Nonetheless, the High Court directed the payment of compensation.
We find that the approach of the High Court is clearly illegal. Having recorded
the finding that the respondent had constructed the building without permission
of any authority and since the Government is entitled to have the unauthorized
construction demolished, unless the owner himself voluntarily demolishes and
takes the value of the building structure as salvage material. the High Court
ought to have held that the respondent had proceeded unauthorisedly in
constructing the building having had the knowledge of the acquisition.
Therefore, the authorities are not bound by such construction.
the State is not bound to pay compensation of the value of such a building
constructed unauthorisedly. The judgment and order passed by the High Court
directing payment of compensation of Rs.90,000/- is clearly illegal.
appeal is accordingly allowed. The order of the reference Court for a sum of
Rs.10,000/- is upheld and the direction for payment of the balance amount
stands set aside. No costs.