Mahanadi Coalfields Ltd vs Claims Commission
2025 Latest Caselaw 2296 Ori

Orissa High Court

Mahanadi Coalfields Ltd vs Claims Commission on 9 January, 2025

Bench: S.K. Sahoo, Chittaranjan Dash

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             W.P.(C) No.31779 of 2024

              Mahanadi Coalfields Ltd.,                   ....      Petitioners
              Sambalpur and another

                                       Mr. Atmaram N.S. Nadkarni,
                                       Senior Advocate

                                       Mr. Debaraj Mohanty, Advocate

                                             -versus-

              Claims Commission,      ....                         Opp. Parties
              Bhubaneswar and another

                                       Mr. P.P. Behera,
                                       Addl. Standing Counsel

                             CORAM:
                THE HON'BLE MR. JUSTICE S.K. SAHOO
            THE HON'BLE MR. JUSTICE CHITTARANJAN DASH

                                        ORDER

Order No.                             09.01.2025

   01.           This        matter     is    taken       up    through     Hybrid

arrangement (video conferencing/physical mode).

This writ petition has been filed by Mahanadi Coalfields Ltd. represented through its Chairman

-cum- Managing Director, Burla, Sambalpur with a prayer for quashing the reports of the Claims Commission under Annexure-12 so far as it relates to village Ratansara with a further prayer to direct the opposite party no.1, the Claims Commission, Bhubaneswar to adopt the methodology for

assessment of compensation in terms of the provisions of section 26 read with First Schedule of the R & R Act, 2013.

Mr. Nadkarni, learned Sr. Advocate appearing for the petitioners submitted that similar matter is sub-judice before this Court in W.P.(C) No.39185 of 2023 in which notice has been issued to the opposite parties vide order dated 07.12.2023. Learned counsel placed the order of this Court dated 07.12.2023 and the judgment dated 03.01.2025 passed by the Hon'ble Supreme Court in Miscellaneous Application No.2662 of 2023 in M.A. No.231 of 2019 in Special Leave Petition (C) No.6933 of 2007 and batch in which at paragraph-24, it has been directed that this Court shall decide the W.P.(C) No.39185 of 2023 as expeditiously as possible and preferably within three months from the date of receipt of the order.

Issue notice on the question of admission indicating therein that the matter shall be disposed of finally at the stage of admission.

No notice is required to be issued to opposite party no.1.

So far as the opposite party no.2 is concerned, requisites for issuance of notice by speed post with proof of delivery shall be filed within a week. The notice be made returnable within three weeks.

List this matter along with W.P.(C) No.39185 of 2023 and W.P.(C) No.32502 of 2024 in the week commencing from 17.02.2025.

Counter affidavit, if any, be filed in the meantime.

( S.K. Sahoo) Judge

( Chittaranjan Dash) Judge RKM

Signed by: RABINDRA KUMAR MISHRA

Location: HIGH COURT OF ORISSA, CUTTACK Date: 10-Jan-2025 18:21:52