WP(C)/6265/2021
2021 Latest Caselaw 3130 Ori

                                   W.P.(C) No. 6265 of 2021




03.    03.03.2021                Since the order passed on 22.02.2021 in W.P.(C)
                    Nos. 6264 & 6265 of 2021 is being confined to W.P.(C) No. 6264
                    of 2021, the present writ petition is disposed of by the following
                    order.
                                 Heard Mr. B.S. Tripathy, learned counsel for the
                    petitioner   and    Mr.   L.   Samantaray,      learned    Additional
                    Government Advocate.
                                 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 petitioner
                    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. 103/97 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 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
Arun
                    petition with an observation that in case the petitioner files an
                     2




application under Section 28-A of the Land Acquisition Act,
before opposite party no.2-Special Land Acquisition Officer,
Mahanadi Coal Field Limited (MCL), Angul in such event 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 the result thereof shall be communicated to the petitioner.
            Issue urgent certified copy.


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

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