Sujata Senapati vs Land Acquisition Officer
2022 Latest Caselaw 7060 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                              L.A.A No. 41 of 2021

Sujata Senapati                        .....                               Appellants
                                                    Mr. M.K.Mohapatra, Advocate

                                       Vs.
Land Acquisition Officer,              .....                               Respondent
Boudh
                                                                Mr. K.K.Gaya, ASC

              CORAM: JUSTICE SANJAY KUMAR MISHRA
                                              ORDER

02.12.2022 Order No. This matter is taken up through hybrid mode.

04.

2. Heard learned Counsel for the Appeallant, so also learned Counsel for the State.

3. Learned Counsel for the State submits that vide the judgment in LAR&R case no.86 of 2020, the application of the Petitioner under Section-64 of the RFCTLAR&R Act, 2013 was rejected solely on the ground of alleged acceptance of awarded compensation amount without protest. To demonstrate that the present Appeallant received the amount under protest, learned Counsel for the Appellant draws the attention of this Court to the objection filed by the Land Acquisition Zonal Officer, as at Annexure-2, before the Court below, wherein it has been clearly mentioned that "the Petitioner has received the compensation under protest."

4. That apart, to substantiate the argument advanced before this Court, the learned Counsel for the Appellant relies on the judgment of the Apex Court in case of Ajit Singh and Others v.State of Punjab and Others reported in (1994) 4 SCC 67, Chandra Bhan

(Dead) v. Ghaziabad Development Authority reported in (2015) 15 SCC, so also judgment passed by coordinate bench in case of Bulani Swain v. Special Land Acquisition Officer M.C.I.I. Project and another reported in (2007) SCC Online Orissa 167 : (2007) 104 CLT 460.

5. Learned Counsel for the State prays for a week's time to examine the said judgments and have his say in the said regard.

6. Matter be listed in the week commencing from 12th December, 2022 under the heading "Fresh Admission".

7. The judgments cited by the learned Counsel for the Appellant be kept on record.

(S.K. MISHRA) JUDGE Banita