AIR 1993 ORISSA 171

Orissa High Court

Hon'ble Judge(s): S. C. Mohapatra , J

(A) Land Acquisition Act (1 of 1894) , S.26, S.53— Award - Enhanced compensation granted by Civil Court Ex parte stay passed subject to depositing half of the amount by State - Permission to withdraw amount deposited by State without seeking furnishing of security by the landlord - Not proper. Civil P.C. (5 of 1908) , O.41 R.5— (Para 7 8) In the instant case an ex parte stay was granted to execution proceedings subject to depositing of half of amount under execution. On modification of the order, the landlord was allowed to withdraw the amount deposited without furnishing any security and no care was taken to protect interest of the State Govt. While passing interim order of stay of execution interest of both parties are to be protected. The provisions of sub-rule (3) of Rule 5 of O. 41, C.P.C. requiring furnishing of security for due performance of decree, are mandatory while passing any interim order as envisaged in sub-rule (4) of Rule 5. (B) Land Acquisition Act (1 of 1894) , S.23— Quantum of compensation Determination - Market value of land having similar advantages acquired under notification of same day determined at Rs. 90,000 per acre by High Court - Compensation to land owner enhanced from Rs. 80,000 to....