Special Land Acquisition vs Kaibal Ketki @ Goud &
2024 Latest Caselaw 10693 Ori

Orissa High Court

Special Land Acquisition vs Kaibal Ketki @ Goud & on 27 June, 2024

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                                L.A.A. No.7 of 2024

                 Special Land Acquisition           ....            Appellant
                 Officer, Nuapada
                                                Mr. B. Panigrahi, ASC

                                         -versus-
                 Kaibal Ketki @ Goud &              ....        Respondents
                 another

                                                Mr. B.K. Behera, Advocate
                                               (For Respondent Nos.1 & 2)

                  CORAM: JUSTICE SANJAY KUMAR MISHRA
                                        ORDER

27.06.2024 Order No. I.A. No.56 of 2024

04. This matter is taken up through hybrid mode.

2. Pursuant to order dated 01.05.2024, though there is a noting that ADs not back from the Respondent Nos.1 & 2, but the said Respondents have already rendered appearance through Mr. B. K. Behera, learned Counsel, who is present in the Court.

3. As per the S.R., there is delay of 246 days in presenting the Appeal.

4. Learned Counsel for the Private Respondents opposes to the said prayer for condonation of delay on the ground that as per the settled position of law, each days delay has to be explained. However, the delay has not been properly explained.

5. However, this Court is inclined to condone the delay subject to payment of cost of Rs.2000/- (Rupees two thousand) to the learned Counsel for the Private Respondents within a period of two weeks hence. The receipt showing payment of cost to be filed before the next date of listing before the Registry.

6. Accordingly the I.A. stands disposed of.

(S. K. Mishra) Judge

05. 1. Mr. Behera, learned Counsel for the private Respondents files photocopy of judgment dated 06.03.2019 passed in L.A.R No. 57 of 2017 (Chhota Kata and others Vs. The Special Land Acquisition Officer Khariar) after handing over a copy of the same to learned State Counsel and submits, the impugned judgment is identical to the judgment passed in LAR No. 57 of 2017 which is pertaining to the same notification and the same mouza. Mr. Behera further submits, the State-Appellant has already implemented the said judgment passed in L.A.R No. 57 of 2017. The same is taken on record.

2. In view of such submission made by learned Counsel for the private Respondents, Mr. Panigrahi, learned Additional Standing Counsel for the State-Appellant prays for an adjournment to take an instruction in the said regard.

3. Matter be listed in the week commencing from 22nd July, 2024, as prayed for.

Monalisa (S. K. Mishra) Judge

Location: High Court of odisha