Orissa High Court
Sudhir Kumar Panda vs Land Acquisition Zone .... Opp. Parties on 24 April, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.9140 of 2025
Sudhir Kumar Panda .... Petitioner
Mr. Sushanta Kumar Joshi,
Advocate
-versus-
Land Acquisition Zone .... Opp. Parties
Officer, Khurda Road-
Balangir New B.G. Rail
Link Project, Balangir and
others
Mr. Aurobinda Mohanty,
Addl. Standing Counsel for
opposite party no.1
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 24.04.2025
02. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Learned counsel for the petitioner submits that
inadvertently in the cause title, the opposite party
no.1 has been mentioned as „Land Acquisition Zone
Officer, Khurda Road-Balangir New B.G. Rail Link
Project, Boudh, At/PO/Dist. Boudh‟ but it should have
been „Land Acquisition Zone Officer, Khurda Road-
Balangir New B.G. Rail Link Project, Balangir,
At/PO/Dist. Balangir‟ and therefore, it may be read as
such.
The oral prayer of the learned counsel for the
petitioner is accepted and in the cause title, the
opposite party no.1 be read as „Land Acquisition Zone
Officer, Khurda Road-Balangir New B.G. Rail Link
Project, Balangir, At/PO/Dist. Balangir‟ and the
Registry is directed to correct the same in the cause
title of the digitalized writ petition.
Heard learned counsel for the petitioner and
learned counsel for the State.
This writ petition has been filed by the petitioner
Lingaraj Mahana with a prayer for a direction to the
opposite party no.1 to take steps for payment of
enhanced compensation amount as per the judgment
and order dated 31.08.2023 passed by the Presiding
Officer, LAR&R Authority (ND), Sambalpur in Land
Acquisition Case No.113 of 2020.
It appears that the said case was a reference
under section 64 of the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 (hereafter „2013 Act‟),
which was sent by the Land Acquisition Zone Officer,
Khurda Road-Bolangir New B.G. Rail Link Project,
Bolangir for determination of the claim for
enhancement of the quantum of compensation in
respect of the land, which was acquired for the
purpose of construction of Khurda Road-Bolangir New
B.G Rail Link Project, Bolangir.
It further appears from the ordering portion of
the said case that the Court has held that the
petitioner and the opposite parties nos.2 to 9 are
entitled to get a sum of Rs.4,50,000/- (rupees four
lakhs fifty thousand) and of Rs.32,40,000/- (rupees
thirty two lakhs forty thousand) as compensation
towards land value of Berna AJS and Ata kisam land
respectively and in addition, they are entitled to get
the statutory solatium @100% on the market value,
the additional market value on cost of land @12% per
year for two years (cutoff date being the date of
publication of preliminary notification under sections
11(1) to 19(1) of the Act one year and from
publication of declaration under section 19(1) of the
Act to award maximum one year) and the benefit
applying the multiplying factor if any. The amount of
compensation already received by the petitioner and
the opposite parties nos.2 to 9 shall be deducted from
the total amount payable to them. The opposite party
no.1 was directed to pay the differential amount
within four months from the date of order with usual
interest as provided under section 72 of the Act till the
payment is made.
Learned counsel for the petitioner urged that in
spite of such order passed by the competent
authority, the payment has not been made and
therefore, direction may be issued to the opposite
party no.1 for making necessary payment.
Section 70 of the 2013 Act deals with Form of
award and it states as follows:-
"(1) Every award under this Chapter shall
be in writing signed by the Presiding Officer
of the Authority, and shall specify the
amount awarded under clause first of
section 28, and also the amounts (if any)
respectively awarded under each of the
other clauses of the same sub-section,
together with the grounds of awarding each
of the said amounts.
(2) Every such award shall be deemed to
be a decree and the statement of the
grounds of every such award a judgment
within the meaning of clause (2), and
clause (9) of respectively, of section 2 of
the Code of Civil Procedure, 1908 (5 of
1908)."
In view of such provision for executing the
judgment and order dated 31.08.2023 passed by the
Presiding Officer, LAR&R Authority (ND), Sambalpur,
since appropriate remedy is available to the petitioner,
therefore, we are not inclined to entertain this writ
petition.
Accordingly, the writ petition stands disposed of
giving liberty to the petitioner to seek appropriate
remedy in accordance with law.
The true copy of the judgment dated
31.08.2023 passed by the Presiding Officer, LAR&R
Authority (ND), Sambalpur under Annexure-1 be
returned to the learned counsel for the petitioner on
being substituted by authenticated photo copy as
prayed for orally.
Urgent certified copy of this order be granted on
proper application.
( S.K. Sahoo)
Judge
( S.S. Mishra)
Judge
RKM
Signed by: RABINDRA KUMAR MISHRA
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 25-Apr-2025 10:50:44
