Goura Sahoo And Others vs State Of Odisha And Others
2021 Latest Caselaw 7080 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.11422 of 2021

            Goura Sahoo and others                ....           Petitioners
                                              Mr. B.S. Tripathy, Advocate
                                       -versus-
            State of Odisha and others            ....     Opposite Parties
                                                     Mr. S.N. Das, A.S.C.

                      CORAM:
                      THE CHIEF JUSTICE
                      JUSTICE S.K. PANIGRAHI
                                        ORDER

13.07.2021 Order No.

02. 1. This matter is taken up by video conferencing mode.

2. The Petitioners in this writ petition seek for a direction to the Opposite Parties to pay higher compensation like other similarly situated persons.

3. It is contended by the Petitioners that pursuant to a Notification dated 15th November 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, Mahanadi Coal Field Limited, Angul (Opposite Party No.2) initiated L.A. Case No.100/97 and

// 2 //

award was passed. The Petitioners had received the award with protest. Thereafter, the Petitioners have filed an objection before the Land Acquisition Officer and the 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 raised objection while receiving the award and their cases were referred to the learned Civil Judge (Senior Division), Angul in L.A. Ref. Case No.11 of 2005 and higher compensation was awarded by the Court below by judgment dated 6th September, 2010. Since the authority has not taken any action on the objection of the Petitioners, hence the present writ petition.

4. Considering the submissions made, the writ petition is disposed of with an observation that in case the Petitioners file an application under Section 28-A of the Land Acquisition Act before Opposite Party No.2 not later than 31st July 2021, in such event Opposite Party No.2 shall consider and dispose of the same in accordance with the law after giving an opportunity of hearing to the Petitioners not later than 30th September 2021, and result thereof shall be communicated to the Petitioners not later than 7th October, 2021. If the Petitioners are aggrieved by such order, it will be open to them to seek appropriate remedies in accordance with law.

// 3 //

5. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021.

(Dr. S. Muralidhar) Chief Justice

( S.K. Panigrahi ) Judge S.K. Guin