Orissa High Court
K. Sujata Achary vs State Of Odisha And on 28 January, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.374 of 2025
K. Sujata Achary ..... Petitioner
Ms. A. Mohanty,
Advocate
-versus-
State of Odisha and
..... Opp. Parties
others
Mr. Jateswar Nayak,
Addl. Govt. Advocate
Mr. U.C. Mohanty,
Advocate for the N.H.A.I.
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 28.01.2025
01. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the N.H.A.I.
This writ petition has been filed by the petitioner K.
Sujata Acharya, inter alia, with a prayer to direct the opp.
parties more particularly opp. party no. 1 & 3 as to why
the petitioner shall not be entitled to get the compensation
for construction, trees and well over the acquired land and
30% solatium plus 12% interest in total from the date of
acquisition along with a compensation five lakhs for the
mental agony and suffering of the petitioner and for a
further direction to the opp. parties to pay the
compensation for building, well and trees etc., 30%
solatium and 12% interest in total from the date of
acquisition plus five lakhs for mental agony and suffering
or 15% interest on the total compensation amount instead
of 12%.
The learned counsel for the petitioner placed the
judgment and order dated 12.08.2021 passed by the
learned District Judge, Ganjam, Berhampur in S.P.J.C.
No.03 of 2018 in which the reference under section 3H (4)
of National Highways Act, 1956 made by the Tahasildar -
cum- Competent Authority, Konisi, Ganjam was answered
and it was disposed of with a direction to the competent
authority to disburse the value of the land to the Deity
through the Inspector of Endowment and the value of
structure to respondent no.2 (petitioner) within a period of
two months from the date of receipt of that order.
The learned counsel for the petitioner submits that
in spite of such order being passed since more than three
and half years, the petitioner is yet to receive the value of
the structure as per the aforesaid judgment i.e. S.P.J.C.
No.03 of 2018.
Mr. U.C. Mohanty, learned counsel appearing for
National Highways Authority submits that the petitioner
has not impleaded the National Highways Authority as a
party, who is to make payment to the petitioner.
Learned counsel for the petitioner seeks some time
to file interim application to implead the National
Highways Authority as an opp. party.
Learned counsel for the National Highways Authority
shall obtain instruction as to whether any money has been
deposited with the opp. party no.2, Land Acquisition
Officer -cum- Competent Authority of National Highways
Authority of Odisha, Chatrapur, Ganjam as per the order
passed by the District Judge, Ganjam, Berhampur in
S.P.J.C. No.03 of 2018 and if so, why disbursement of
money has not been made to the petitioner as per the
said order.
A copy of the writ petition be served on the learned
for the National Highways Authority in course of the day.
The matter be placed immediately after filling of the
interim application for impleding the National Highways
Authority as opp. party.
( S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
Rajesh
Signed by: RAJESH KUMAR BADHEI
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 29-Jan-2025 17:58:42
