Basudev Podh vs Special Land Acquisition
2022 Latest Caselaw 7061 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                               L.A.A No. 35 of 2022

Basudev Podh                            .....                              Appellant
                                                           Mr. K.C. Dash, Advocate

                                        Vs.
Special Land Acquisition                .....                            Respondent
Officer, Lower Indra Irrigation
Project, Nuapada
                                                                 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 Appellant, so also learned Counsel for the State.

3. Learned Counsel for the Appellant submits that the judgment dated 17.05.2022, in LAR case no.249 of 2017, as at Annexure-3 was passed by the Court below relying on the judgment dated 17.12.2018, in LAR case no.22 of 2016, wherein it was held that the Petitioners are entitled to get Rs.1,60,000/- per acre for Atta/Mala kisam land and Rs.2,00,000/- per acre for Bahal/Berna kisam land. But, contrary to the same, vide the impugned judgment, which was passed on 19th April, 2022, relying on the judgment passed by the said Court in LAR No.7 of 2013 and 139 of 2010, it was held that the Petitioners are entitled for compensation of Rs.80,000/-per acre for Mala/Atta kisam land and Rs.1,00,000/- per acre for Berna/Bahal kisam land and the said error is apparent on the face of the record. Hence, the impugned judgment needs to be set aside and the matter be remanded back to the Court below for reconsideration, as the

recorded land belongs to same mauza having same kisam and the Appellant in the present case is also of the same village.

4. In order to substantiate his argument he files a judgment passed by the coordinate bench dated 16.01.2019 in case of Ludra Meher v. Land Acquisition Officer, Nuapada in L.A.A. No. 65 of 2016, which be kept on record.

5. Learned Counsel for the State prays for two weeks time to take instruction and to have his say in the said regard.

6. Matter be listed in the week commencing from 2nd January, 2023 under the heading "Fresh Admission".

(S.K. MISHRA) JUDGE Banita