Orissa High Court
Akula Chandra Ashram vs National Highway on 12 August, 2024
Bench: S.K. Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.18978 of 2024
Akula Chandra Ashram
..... Petitioner
Mr. S.N. Biswal,
Advocate
-versus-
1. National Highway
Authority of India
represented through
Project Director,
Sambalpur
2. Competent Authority-
cum-Land Acquisition
Officer, National ..... Opp. Parties
Highway, Cuttack
Mr. U.C. Mohanty,
Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 12.08.2024
01. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
Heard Mr. Sibanarayan Biswal, learned counsel for the
petitioner and Mr. U.C. Mohanty, learned counsel appearing
for the opp. parties-National Highway.
This writ petition has been filed by the petitioner
through the Marfatdar Khirod Kumar Mishra seeking
direction to the opposite parties to release due compensation
along with accrued interest for the acquisition of the
petitioner's land bearing Plot Nos.487, 487/1211 under
Khata No.259 of Mouza-Radhadamodarpur, Tahasil-
Athagarh, Dist-Cuttack for service road in NH-42/55 and
further seeks direction to the opposite parties from
interfering with the peaceful possession of the petitioner
until due compensation is paid to the petitioner.
Learned counsel for the petitioner submitted that the
judgment was pronounced by the learned Civil Judge (Senior
Division), Athagarh in C.S. No. 42 of 2007 on 21.11.2011 in
favour of the petitioner with a direction that the suit was
decreed against the defendants. The right, title, interest and
possession of the plaintiff over the suit land was declared
and the plaintiff's possession over the suit land was
confirmed and the defendants were permanently injuncted
from interfering in the possession of the plaintiff over the
suit land. It is further submitted that the opposite parties
preferred RFA No.212 of 2012 against the judgment passed
in the Civil Suit, which was dismissed on the ground of
limitation by the learned District Judge, Cuttack on
14.07.2017. The said order was challenged by the opposite
parties before this Court in RSA No.453 of 2017 and vide
judgment and order dated 29.02.2024, the appeal was also
dismissed. It is further submitted by learned counsel for the
petitioner that though the petitioner has preferred two
representations on 28.06.2024 and 29.06.2024 before the
authorities, i.e., Project Director, NHAI, Dhenkanal-opposite
party no.1 for the purpose of getting compensation, but till
date he has not received any response from the opposite
party no.1. Therefore, direction may be issued for disposal of
the representations expeditiously by the said opposite party.
Mr. U.C. Mohanty, learned counsel appearing for the
opposite party-NHAI has no objection to the aforesaid prayer
made by learned counsel for the petitioner.
Considering the limited nature of grievance made by
the petitioner and without expressing any opinion on the
merits of the case, we dispose of the Writ Petition directing
the opp. party no.1 to take a decision on the representation
submitted by the petitioner under Annexure-9 in accordance
with law and dispose of the same within a period of three
months from the date of production of certified copy of this
order by the petitioner and communicate the result/decision
taken thereof to the petitioner. It is made clear that this
Court has not expressed any opinion on the merits of the
application submitted by the petitioner vide Anenxure-9.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
Signed by: ASHOK KUMAR JAGADEB MOHAPATRA (Chittaranjan Dash)
Location: HIGH COURT OF ORISSA
Judge
Date: Ashok
13-Aug-2024 17:14:44
