Lalatendu Mohapatra And Another vs Land Acquisition Collector
2023 Latest Caselaw 12032 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                                LAA No.66 of 2011

Lalatendu Mohapatra and another        .....                                  Appellants
                                                       Mr. Niranjan Panda, Advocate

                                        Vs.

Land Acquisition Collector,            .....                                 Respondent
Bhadrak
                                                                   Mr. N. Pratap, ASC


                      CORAM: JUSTICE SANJAY KUMAR MISHRA

                                               ORDER

05.10.2023 Order No. The matter is taken up through hybrid mode.

06.

2. Heard Mr. Panda, learned Counsel for the Appellants and Mr. Pratap, learned ASC for the Respondent.

3. The present Appeal has been preferred under Section 54 of the Land Acquisition Act, 1894, shortly, LA Act challenging common judgment dated 13.04.1998 passed in L.A. Misc. Case Nos. 372, 392, and 393, all of 1996. But, this Appeal is confined to judgment passed in L.A. Misc. Case No.393 of 1996 by the learned Civil Judge (Senior Division), Bhadrak (hereinafter referred to as "referral court").

4. Learned Counsel for the Appellants submits that this Appeal is covered by the judgments passed by the coordinate Bench in LAA No.4 of 2012 and LAA No.143 of 2010, both dated 20.06.2022, and hands up copy of those judgments, which be kept on record.

5. Since copies of the said judgments were also supplied to Mr. N. Pratap, learned ASC for the State-Respondent, after examining the said judgments, he fairly concedes that the present Appeal is squarely covered by the said judgments passed in LAA No. 4 of 2012, so also LAA No.144 of 2010, kissam of the land in question being same and situated in the same village as that of LAA No. 4 of 2012 and LAA No.144 of 2010.

6. Accordingly, this Appeal stands disposed of holding that the Appellants are entitled to compensation @ Rs.1,50,000/- per acre for acquiring land Ac.0.27 decimals and the same be computed and paid to them at such rate with all other statutory benefits within a period of six weeks from the date of communication/production of certified copy of this order.

7. The Appeal is allowed to the extent as above. No order as to costs.

                   padma                                                             (S.K. MISHRA)
                                                                                          JUDGE




Signature Not Verified
Digitally Signed
Signed by: PADMA CHARAN DASH
Designation: Personal Assistant
Reason: Authentication
Location: Orissa high Court cuttack
Date: 08-Oct-2023 08:36:51