Sabita Das vs Competent Authority &
2025 Latest Caselaw 2734 Ori

Orissa High Court

Sabita Das vs Competent Authority & on 17 January, 2025

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                              L.A.A. No.14 of 2024

                 Sabita Das                        ....        Appellant

                                   Mr. P.K. Das,
                                   Advocate

                                       -versus-
                 Competent Authority &             ....     Respondents
                 Land Acquisition Officer,
                 Khurda and others

                                   Mrs. U. Padhi, ASC

                  CORAM: JUSTICE SANJAY KUMAR MISHRA
                                      ORDER

17.01.2025 Order No.

10. This matter is taken up through hybrid mode.

2. In view of the Office Note, notices on the Respondent Nos.2 & 3 are held to be sufficient.

3. On verification, it is found that the address of Respondent No.1, furnished in the cause title of the Memorandum of Appeal, is in terms of the address available in the impugned Judgment. However, the notice issued in the said address has returned un-served with postal endorsement "Insufficient Address".

4. In view of the Judgments of the Supreme Court reported in AIR 1989 SC 630 (M/s. Madan & Co. Vs. Wazir Jaivir Chand), in (1999) 7 SCC 510 (K. Bhaskaran Vs. Sankaran Vaidhyan Balan & anr.), in (2006) 6 SCC 456 (D. Vinod Shivappa Vs. Nanda Belliappa), in (2007) 6 SCC 555 (C.C. Alivi Haji Vs. Palapetty Muhammed & anr.) and in (2014) 12 SCC 685 (Ajeet Seeds Limited Vs. K. Gopal Krishnaiah), notice on the Respondents No.1 is also held to be sufficient.

5. The matter be listed in the week commencing from 24th February, 2025 under the heading "Fresh Admission".

(S. K. Mishra) Judge

11. 1. Heard.

2. As an interim measure, the Respondent No.1 is directed not to disburse the compensation amount awarded by NHAI without leave of this Court, if not released in the meantime.

3. Accordingly, the I.A. stands disposed of.

4. Urgent certified copy of this order be granted on proper application as per rules.

Mona (S. K. Mishra) Judge

Location: High Court of Odisha