[Cites 6, Cited by 0]
Orissa High Court
Haridaspur- Paradip Railway vs State Of Odisha on 22 December, 2025
Bench: K.R. Mohapatra, Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) NO. 36512 OF 2025
Haridaspur- Paradip Railway .... Petitioner
Company Ltd., Khurda
Mr. Prabin Das, Advocate
-versus-
1. State of Odisha
2. Special Land Acquisition Officer,
Jagatsinghpur
3. The Chief Engineer, Khurda
4. Bijaya Bharat Mohapatra .... Opposite Parties
Mr. Siba Narayan Biswal,
Additional Standing Counsel
Mr. Alok Kumar Mohanty, Senior Panel Counsel
(for O.P. No.3)
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 22.12.2025
01. 1. This matter is taken up through hybrid mode.
2. Appearance memo of Mr. Alok Kumar Mohanty, learned
Senior Panel Counsel is taken on record.
3. The Petitioner in this writ petition seeks to assail the
judgment dated 14th October, 2025 (Annexure-1) passed by
learned Senior Civil Judge, Kujang, Jagatsinghpur in L.A.R.
Case No.10 of 2015.
4. Mr. Das, learned Counsel for the Petitioner submits that
the Petitioner being a beneficiary of land acquisition and a
person interested was not served with any notice before passing
of the award under Section 11 of the Land Acquisition Act,
1894 (for brevity "the Act") or during adjudication of the
reference under Section 18 of the Act being L.A.R. Case No.10
of 2015. It is his submission that by virtue of the impugned
judgment under Annexure-1, the award passed under Section 11
of the Act was enhanced unreasonably. Hence, the Petitioner has
a say in the matter. It is, however, submitted that the judgment
passed in L.A.R. Case No.10 of 2015 was not challenged in
appeal under Section 54 of the Act by either parties to the said
reference.
5. It is the submission of the learned counsel for the
Petitioner that this case may be disposed of in the light of order
dated 18th June, 2024 passed in W.P.(C) No.13949 of 2024
(Angul Sukinda Railway Ltd., Bhubaneswar vs. State of Odisha
and others), relevant paragraphs of which are quoted hereunder;
"6. A statutory appeal under Section 54 of the Act
lies against an award under Section 18 of the Act, but
at the same time, a writ petition is maintainable under
Article 226 of the Constitution against determination of
the amount of compensation by the Land Acquisition
Collector or by the Reference Court as held in U.P.
Awas Evam Vikas Parishad vs. Gyan Devi (Dead) by
L.Rs. and Ors., AIR 1995 SC 725 and in Gregory
Patrao and others vs. Mangalore Refinery and
Petrochemicals Limited and others; (2022) 10 SCC
461. In the instant case, the petitioner is entitled to an
opportunity of hearing for just adjudication of the
reference under Section 18 of the Act.
7. In that view of the matter without delving into
technicalities with regard to maintainability of the writ
petition, we set aside the impugned award under
Annexure-1 and remit the matter to the learned Senior
Civil Judge, Kamakhyanagar for de novo adjudication
of the L.A. Misc. Case No.184 of 2021 giving an
opportunity of hearing to the parties including the
petitioner. It is further directed that the learned Senior
Civil Judge, Kamakhyanagar shall do well to
adjudicate the reference afresh as expeditiously as
possible, preferably within a period of six months from
the date of receipt of certified copy of the order.
8. Parties are directed to cooperate for early
disposal of the reference.
9. With the aforesaid observation and direction,
Writ Petition is disposed of."
6. He further submits that although the judgment passed
under Section 18 of the Act is appealable under Section 54 of
the Act, but a writ petition is maintainable as held in the
aforesaid order relying upon the decision in the cases of U.P.
Awas Evam Vikas Parishad vs. Gyan Devi (Dead) By L.Rs.
And Ors.: AIR 1995 SC 725 and Gregory Patrao and others vs.
Mangalore Refinery and Petrochemicals Limited and others;
(2022) 10 SCC 461. It is his submission that no appeal against
the order under Section 54 of the Act has been filed against the
Judgment dated 14th October, 2025 (Annexure-1) which is
impugned herein.
7. He, therefore, prays for setting aside the impugned
judgment under Annexure-1 and to remit the matter to the
learned Civil Judge, Senior Division, Kujang, Jagatsinghpur for
fresh adjudication of the reference under Section 18 of the Act,
i.e. L.A.R. Case No.10 of 2015 providing opportunity of hearing
to the parties concerned including the Petitioner.
8. Mr. Biswal, learned Additional Standing Counsel submits
that the issue involved in this case has already been answered in
W.P.(C) No. 13949 of 2024 disposed of on 18th June, 2024
(supra). He, therefore, submits that this Writ Petition may be
disposed of accordingly.
9. On verification, Mr. Biswal, learned Additional Standing
Counsel submits that the ratio in the case of Angul Sukinda
Railway Ltd., Bhubaneswar (supra) is squarely applicable to the
instant case.
10. In that view of the matter, this Court without delving
further into the contentions raised by learned counsel for the
Parties on merit of Judgment under Amnnexure-1, disposes of
the writ petition in the light of the decision in the case of Angul
Sukinda Railway Ltd., Bhubaneswar (supra).
11. As the Petitioner is the beneficiary of land acquisition and
a person interested and was not provided with any opportunity
of hearing during adjudication of the reference under Section 18
of the Act, the impugned judgment under Annexure-1 is set
aside and the matter is remitted to learned Civil Judge, Senior
Division, Kujang, Jagatsinghpur to adjudicate L.A.R. Case
No.10 of 2015 (under Section 18 of the Act) afresh as
expeditiously as possible, preferably within a period of six
months from the date of service of notice on the parties,
providing opportunity of hearing to the parties concerned,
including the Petitioner.
Learned Civil Judge, Senior Division, Kujang,
Jagatsinghpur shall act upon production of certified copy of this
order.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
Subhalaxmi Judge
Signed by: SUBHALAXMI PRIYADARSHANI
Location: Orissa High Court, Cuttack
Date: 23-Dec-2025 19:48:21
