Land Acquisition Zone Officer vs Santosh Kumar Rath
2022 Latest Caselaw 7545 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                              LAA No.21 of 2022

Land Acquisition Zone Officer,         .....                                 Appellant
Zone-III, Dhenkanal
                                                                Mr. G.N. Rout, ASC
                                       Vs.
Santosh Kumar Rath                     .....                             Respondent
                                                                Mr. L. Mishra, Adv.

                   CORAM: JUSTICE SANJAY KUMAR MISHRA

                                              ORDER

19.12.2022 Order No. The matter is taken up through hybrid mode.

04.

2. Heard learned Counsel for the State-Appellant Mr. Rout, so also Mr. Lalitendu Mishra, learned Counsel, who has already rendered appearance suo motu for the sole Respondent.

3. Mr. Mishra, learned Counsel for the sole Respondent vehemently opposes with regard to maintainability of the Appeal and brings to the notice of this Court with regard to averment made by the State-Appellant in Paragraph-5 of I.A. No.63 of 2022, which reads as follows:

"5. That, the Govt. in Water Resources Department vide Letter No.23179 dtd.13.09.2021 & subsequent Letter No.31091 dtd. 04.12.2022 directed the Appellant (Land Acquisition Zone Officer, Zone-III, RRCS, Dhenkanal) to take steps to file appeal before the Hon'ble High Court although Law Deptt. advised not to prefer appeal."

4. He also brings to the notice of this Court with regard to averment made in Paragraph-9 of the objection filed by the Respondent in response to I.A. No.64 of 2022. That apart, Mr. Mishra also submits that there is no infirmity in the impugned judgment passed in Land Acquisition Case No. 02 of 2019/55 of

2018 and the court below, taking into consideration the documents like Exhibits 3 and C, has rightly fixed/enhanced the compensation @ Rs.49,50,000/- per acre for Sarad-II and III kisam of land and Rs.13,20,000/- per acre for Taila-II kisam of land.

5. Learned Counsel for the Appellant-State submits that the court below has committed wrong by taking into consideration the market value of the land in respect of Village Mahisapat on dated 20.08.2016 under Exhibit-C and that is not the bench mark valuation as fixed by the Government, which is well demonstrated vide Exhibit-G.

6. In view of such submission and rival submission made by the learned Counsel for the Parties, Trial Court Record in Land Acquisition Case No.02 of 2019/55 of 2018 be called for from the court of Land Acquisition, Rehabilitation & Resettlement Authority (Northern Division), Sambalpur at the earliest.

7. Matter be listed under the heading "For Admission" in the week commencing from 16.01.2023. All the I.As. filed by the parties be kept pending to be taken up on the next date of listing, if so required.

(S.K. MISHRA) JUDGE

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