Orissa High Court
Basanta Jena vs Land Acquisition Collector on 5 February, 2025
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
LAA No.78 of 2011
Basanta Jena .... Appellant
Mr. Niranjan Panda-1, Advocate
-versus-
Land Acquisition Collector, Bhadrak .... Respondent
Mr. Jayant Kumar Bal, AGA
CORAM:
HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No. ORDER
19. 05.02.2025
This matter is taken up through Hybrid Mode.
2. On perusal of Office Note, it is revealed that objection to
Misc. Case No.172 of 2011 has not been filed by the Respondent.
However, on perusal of Order No.16, dated 09.01.2025, this Court
has passed the following order in I.A. No.172 of 2011:-
"2. This is an application for condonation of delay of 13
years & 28 days in filing the Appeal.
3. It is submitted by the learned Counsel for the
Petitioner/Appellant and also it is averred in the
Petition that long before the expiry of limitation period
the certified copy of the judgment had been given to the
counsel namely, late N.K. Dash for filing of the Appeal.
The Appellant was under bona fide impression that the
Appeal was filed. Late N.K. Dash died on 26.1.2000. In
the year 2011 the Appellant came to know that Appeal
has not been filed. Hence a fresh certified copy of the
impugned judgment/award was obtained and the matter
was entrusted to a new counsel for filing of the Appeal.
4. In course of hearing, learned Counsel for the
Appellant, relying on the copy of the order dated
07.08.2012 passed in Misc. Case No.08 of 2012, arising
out of LAA No.05 of 2012, submits that Appeal filed by
similarly situated land oustee from the same village
after delay of 13 years 5 months was admitted on
payment of cost.
5. Learned Counsel for the State, after examining the
order passed in Misc. Case No.08 of 2012, arising out of
LAA No.05 of 2012, admits that the case of the present
Appellant is similar to the Appellant in LAA No.05 of
2012, in which similar period of delay, with similar
explanation, was accepted and the delay was condoned.
6. In the facts and circumstances of the present case
and in view of the fact that Appeal filed by similarly
situated land oustee has been admitted after
condonation of delay, as stated above, prayer in this
application for condonation of delay is allowed. Delay
in filing the Appeal is condoned subject to payment of
cost of Rs.1,500/- (Rupees one thousand five hundred)
by the Appellant to the High Court Bar Association
within a period two weeks from today.
7. Accordingly, the I.A. stands disposed of.
8. Urgent certified copy of this order be granted on
proper application."
2.1. This Court in Order No.18 vide order dated 09.01.2025 at
paragraph-2 passed the following order:-
"2. The matter be listed in the week commencing from
27th January, 2025, as prayed by the learned Counsel
for the State, subject to payment of cost by the Appellant
and deposit of receipt with the Registry before the next
date of listing in terms of the order passed in I.A.
No.172 of 2011."
3. Today, when the matter was taken up, learned counsel
appearing for the Appellant furnished copy of memo enclosing
therewith Acknowledgement Slip (Receipt No.4497/2025) dated
15.01.2025 of Registry of this Court and copy of receipt issued by
the Office of the High Court Bar Association, showing deposit of
amount as directed in the order of this Court. He submitted that he
has complied with order No.16, dated 09.01.2025 passed in Misc.
Case No.172 of 2011.
4. Therefore, on consent of the counsel for the respective
parties this Court proceeded to hear the matter.
5. Heard Mr. Niranjan Panda-1, learned counsel appearing for
the Appellant and Mr. Jayant Kumar Bal, learned Additional
Government Advocate appearing for the State-Respondent.
6. The present Appeal has been preferred under Section 54 of
the Land Acquisition Act, 1894, shortly, L.A. Act, 1894,
challenging order dated 28.07.1998 passed by the learned Civil
Judge (Senior Division), Bhadrak (hereinafter referred to as
"Referral Court"), in L.A. Misc. Case No.340 of 1996.
7. Learned counsel appearing for the Appellant draw attention
of this Court to Paragraph-2 of the impugned order, wherein it has
been clearly mentioned that in terms of various preliminary
notifications made under Section 4(1) of the Act, 1894, published
on different dates in Orissa Gazette, Extraordinary, lands measuring
an area of Ac.217.71 decimals in three Villages, Helpur,
Majurigadia and Pahimahura, under Dhamnagar Tahasil, were
acquired by the State on requisition of IDCO for establishment of a
Private Sugar Factory, namely, Dharani Sugar and Chemicals
Limited in Mouza Majurigadia.
8. Learned Counsel appearing for the Appellant further
submits, this Appeal is covered by the judgments passed by the
coordinate Bench in L.A.A. No.4 of 2012, dated 20.06.2022 and
L.A.A. No.143 of 2010, L.A.A. No.144 of 2010, both dated
20.06.2022, order dated 13.03.2024 passed in L.A.A. No.71 of
2011, order passed by this Court dated 09.08.2024 in LAA No.61 of
2011 and order dated 13.12.2024 in LAA No.65 of 2011.
9. Copies of the said judgments and order being supplied to the
learned Additional Government Advocate for the State-Respondent,
after examining the said judgments and orders, learned Additional
Government Advocate does not dispute the said submissions made
by learned counsel appearing for the Appellant. He conceded that
the present appeal is squarely covered by the said judgments passed
by this Court, kissam of the land in question being same and
situated in the same village so also acquired for the same purpose,
though notifications made under Section 4(1) of the Act, 1894, were
published on different dates.
10. Accordingly, this Appeal stands disposed of holding that the
Appellants (claimants before the Referral Court) are entitled to
compensation @ Rs.1,50,000/- per acre for acquiring their land.
Accordingly, the compensation @ Rs.1,50,000/- per acre be
computed and paid to the Appellants with all other statutory
benefits within a period of six weeks from the date of
communication/production of the certified copy of this order.
11. The Appeal is allowed to the extent, as indicated above, and
stands disposed of. No order as to costs.
Signed by: LAXMIKANT MOHAPATRA Judge
Designation: Senior Stenographer
Laxmikant
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 05-Feb-2025 18:14:31
