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Judgment
B.K. Nayak, J.—Heard learned counsel for the petitioners and Additional Government Advocate.
Order dated 19.2.2010 passed by the Revenue Officer and Tahasildar, Rampur in the district of Subarnapur in case No. 3 of 2010 calculating the premium at Rs. 60,000/- (rupees sixty thousand) for conversion of petitioner''s agricultural land, situated in mouza-Dunguripalli, Tahasil, Rampur in plot No. 2014 and 2036 totally measuring Ac. 0.200 under Khata No. 337, has been challenged in this writ petition.
Learned counsel for the petitioners submits that rate of premium for conversion in respect of an acre land is Rs. 3,00,000/- (rupees three lakhs) for land situated within 500 meters on either side of the National Highway notified by the Revenue Department notification dated 28.1.2006 and that the land in question is not covered under the notified National Highway, and, therefore, calculation of premium @ Rs. 3,00,000/- (rupees three lakhs) per acre is not correct.
Learned Additional Government Advocate is unable to state whether any fresh notification in terms of sub-section (2) of Section 8-A of the O.L.R. Act after notification dated 28.1.2006 has been issued by the State Government indicating the different National Highways which will be covered under clause (i) of Sub-section 8-A(2) as-amended vide notification No. 8906 dated 7.7.2006.
Sub-section (2) of Section. 8-A of the O.L.R. Act as amended w.e.f. 7.7.2006 reads as under: "(2) The rate at which the conversion fees shall be payable per acre of agricultural land situated at different places of the State, for conversion of its use for any purpose other than agriculture on and after the commencement of the Orissa Land Reforms Amendment Act, 1993 shall be as follows:
In the notification dated 28.1.2006 referred to by the Tahasildar, Rampur, National Highways running through Sonepur Municipality and Rampur NAC is not covered for the purpose of clause (i) of sub-section (2) of Section 8-A of the Act. On the contrary, the said notification reveals that State Highway within the limits of Subarnapur NAC has been covered under clause (ii) thereof.
Since in the impugned order Tahasildar has not referred to any particular National Highway by the side of which the land of the petitioners situates, calculation of premium at the rate of Rs. 3,00,000/- per acre, cannot be sustained.
Accordingly the impugned order is quashed and the matter is remitted back to the Tahasildar to reassess the premium to be payable by the petitioners keeping in view the notification issued under sub-section (2) of Section 8-A of OLR Act in force as on the date of the impugned order.
The Writ petition is accordingly disposed of.