WP(C)/602/2021
2021 Latest Caselaw 692 Ori

                                    W.P.(C) No. 602 of 2021




02.    21.01.2021                This    matter     is    taken   up    through       video
                    conferencing.
                                 Heard learned counsel for the petitioner.
                                 Petitioner in this writ petition seeks for a
                    direction to the opposite parties to pay higher compensation
                    like other similarly situated persons.
                                 It is contended by the petitioner that pursuant
                    to   the   Notification   dated      15.11.2002     issued   by    the
                    Government of Odisha in the Department of Revenue, the
                    land of the petitioners was acquired for construction of
                    Railway Line of Kalinga Open Cast Project under Mahanadi
                    Coal   Fields    Limited.     Accordingly,    the    Special      Land
                    Acquisition Officer opposite party No.2 initiated L.A. Case
                    No.99/1997 and award was passed. The petitioner had
                    received the award with protest. Thereafter petitioner has
                    filed an objection before the Land Acquisition Officer and the

Arun                same is still pending. It is also contended that some of the
                    co-villagers whose lands were acquired by opposite party
                    No.2 for the selfsame purpose and they raised objection
                    while receiving the award and their cases were referred to
                    the Learned Civil Judge (Sr.Divn.), Angul in L.A. Ref. Case
                    No.11 of 2005 and higher compensation was awarded by the
                    Court below by judgment dated 6.9.2010. Since the
                    authority has not taken any action on the objection of the
                    petitioner, hence the present writ petition.
                                 Considering the above, we dispose of the writ
                    petition with an observation that in case the petitioner files
                    an application under Section 28-A of the Land Acquisition
                        2




Act before opposite party No.2-Special Land Acquisition
Officer, Mahanadi Coal Field Limited (MCL), Angul in such
event the opposite party No.2 shall consider the same in
accordance with the law after giving an opportunity of
hearing to the petitioner within a period of two months from
the date of filing of such application and result thereof shall
be communicated to the petitioners.
             As restrictions are continuing due to COVID-19
pandemic, learned counsel for the parties may utilize the
soft copy of this order available in the High Court's official
website or print out thereof at par with certified copies in the
manner.


                                        ..................
                                         S. Panda,J.

....................... S.K.Panigrahi, J