Rachita Swain & Others vs Land Acquisition Officer-Cum
2023 Latest Caselaw 7833 Ori

Citation : 2023 Latest Caselaw 7833 Ori
Judgement Date : 20 July, 2023

Orissa High Court

Rachita Swain & Others vs Land Acquisition Officer-Cum on 20 July, 2023

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          W.P.(C) No.21480 of 2023

Rachita Swain & Others               .....                          Petitioners
                                            Mr. Pradeep Kumar Panda,
                                                                  Advocate
                                     Vs.
Land Acquisition Officer-cum-        .....                        Opposite Parties
Competent Authority, National
High Way & Another
                                                                   State Counsel

             CORAM:
                DR. JUSTICE B.R. SARANGI
                MR. JUSTICE MURAHARI SRI RAMAN

                                            ORDER

20.07.2023 Order No. This matter is taken up through hybrid mode.

01.

2. Heard.

3. The petitioners have filed this writ petition claiming interest over the solatium till the date of actual payment, i.e., from 13.09.2010 to 01.05.2012.

4. Learned counsel appearing for the petitioner contended that in view of the judgment of the apex court in the case of Mehrawal Khewaji Trust (Registered) Faridkot and others vs. State of Punjab and Others, (2012) 5 SCC 432, the petitioners are entitled to get interest on the solatium amount. The same having not been paid, the petitioners have approached this Court by filing the present writ petition.

5. Learned counsel for the State contended that since there is availability of alternative remedy, the petitioners have to approach the appropriate forum in accordance with law.

6. In the above view of the matter, the writ petition stands disposed of permitting the petitioner to pursue their remedies

before the appropriate forum in accordance with law. It is made clear that while considering the case of the petitioners the authority shall take into consideration the judgment of the apex Court in the case of Mehrawal Khewaji Trust (Registered) Faridkot and others (supra) and pass appropriate order in accordance with law.

(DR. B.R. SARANGI) JUDGE

(M.S. RAMAN) JUDGE

Aswini

Signature Not Verified Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: PA(SECY-IN-CHARGE) Reason: Authentication Location: Orissa High Court, Cuttack Date: 21-Jul-2023 12:43:32