Jayaram Panda vs Project Director
2022 Latest Caselaw 1942 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             ARBA No.58 of 2018
                            (Through Hybrid mode)

            Jayaram Panda                           ....           Appellant

                                                  Mr. S.K.Sarangi, Advocate

                                       -versus-
            Project Director, M/s. National         ....         Respondents
            Highway Authority of India and
            others

                                  Mr. A.K.Sharma, Addl. Govt. Advocate
                                                         (for O.P. no.2)

                     CORAM: JUSTICE ARINDAM SINHA
                                      ORDER

22.03.2022 Order No.

08. 1. Mr. Sarangi, learned advocate appears on behalf of appellant and submits, impugned judgment dated 5th December, 2018 is liable to and should be set aside in appeal. The Court below in not appreciating that his client had mounted good challenge against award by order dated 13th June, 2016 regarding quantum of compensation to be paid to his client on acquisition by National Highways Authority of India (NHAI). He submits, there were two technical evaluations of industrial loss suffered and compensation to be paid to his client. The earlier assessment returned finding of compensation payable at Rs.55,69,904/-. There was a

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subsequent assessment, which returned the figure Rs.92,38,627/-. He submits, there is no reasoning in the award as to why latter assessment stood rejected.

2. Mr. Sharma, learned advocate, Addl. Govt. Advocate appears on behalf of respondent no.2 (State) while respondent no.1 goes unrepresented in spite of good service as evidenced by track report confirming delivery of notice. Mr. Sharma will be heard on adjourned date.

3. List on 31st March, 2022.

(Arindam Sinha) Judge RKS