Kamala Naik vs State Of Odisha Represented By The
2025 Latest Caselaw 4937 Ori

Orissa High Court

Kamala Naik vs State Of Odisha Represented By The on 12 March, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          W.P.(C) No. 6292 of 2025

Kamala Naik                            .....                            Petitioner
                                                 Mr. Durga Prasad Jena, Advocate

                                    -versus-

1. State of Odisha represented by the
Collector, Sundargarh
2. Special LAO, Ultra Mega Power
Project, Sundargarh                   .....                          Opp. Parties
                                                    Ms. Subhalaxmi Devi, A.S.C.
            CORAM:
                  THE HON'BLE MR. JUSTICE S.K. SAHOO
                  THE HON'BLE MISS JUSTICE SAVITRI RATHO
                                           ORDER

12.03.2025 Order No. This matter is taken up through Hybrid arrangement (video

01. conferencing/physical mode).

This Writ Petition has been filed by the petitioner - Kamala Naik for a direction to the learned Senior Civil Judge, Sundargarh to consider and dispose of the petition under Annexure-3.

On perusal of the judgment in Land Acquisition Reference Case No. 344 of 2013, it appears that Bigyabani Patel, W/o. Chudamani Patel and Jayanti Patel, W/o. Narsingh Nath Patel were the petitioners in the said case and the awarded was passed that Bigyabati Patel is entitled to receive a sum of Rs.38,94,492/- and Jayanti Patel is entitled to receive a sum of Rs.38,94,492/- and Kunti Patel is entitled to receive a sum of Rs.38,94,493/-.

Nothing has been mentioned in the writ petition as to how the petitioner - Kamala Naik is related to the aforesaid two petitioners Bigyabati Patel and Jayanti Patel in the said Land Acquisition

Reference Case. It further appears that against the judgment dated 17.12.2015 passed by the learned Senior Civil Judge, Sundargarh in the Land Acquisition Appeal LAA No. 14 of 2016 was preferred before this Court by one Durga Charan Naik under Section 54 of the Land Acquisition Act which was disposed of on 11.10.2023 and in the operative part, this Court while dismissing the appeal directed the referral Court is at liberty to disburse the awarded amount in terms of the impugned judgment dated 17.12.2015 along with accrued interest in accordance with law.

Learned counsel for the petitioner submits that the petitioners in the Land Acquisition Reference Case have already received the compensation amount, but the interest as was directed to be paid in L.A. No. 14 of 2016 has not been paid to them.

As we are of the view that since the alternative remedy is available for the parties if interest has not been paid as per the order dated 11.10.2023 passed by this Court in L.A. No. 14 of 2016, we are not inclined to accept the prayer made in this application.

Accordingly, the Writ Petition is disposed of.

(S.K. Sahoo) Judge

(Savitri Ratho) Judge Sukanta/Puspa

Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer

Location: Orissa High Court, Cuttack Date: 13-Mar-2025 10:38:23