Petitioners sought direction to the Collector under section 30 of the Land Acquisition Act to adjudicate compensation entitlement. The Court directed the Collector to dispose of the pending representation within three months and an advocate was impleaded.
Direction to opposite party No. 2 to dispose of the representation within three months with a hearing.
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W.P.(C) No. 12436 of 2015
21.07.2015
Heard Mr. Swain, learned counsel for the petitioners and Mr. Mishra, learned Additional Gover
nment Advocate.
In this writ petition, the petitioners have prayed for a direction to opposite
parties 2 and 3 to make reference under section 30 of the Land Acquisition Act to the Civil C
ourt for adjudication of the entitlement of compensation.
During the midst of hearing, learned counsel for the petitioners drawing our a
ttention to the representation dated 25.05.2015 under Annexure-5 submits that till today the s
aid representation of the petitioners with regard to reference to the Civil Court for adjudica
tion in the L.A. Case No. 1 of 2010 under section 30 of the Land Acquisition Act is pending be
fore the Collector, Sundargarh - opposite party no.2 and accordingly he prays that a direction
may be issued to opposite party no.2 to dispose of the same within a stipulated period.
Considering the submissions made by the learned counsel for the parties, witho
ut expressing any opinion as to the merits of the case, this Court directs opposite party No.2
to dispose of the representation of the petitioners under Annexure-5 as indicted above in acc
ordance with law as early as possible, preferably within a period of three months from the dat
e of production of the certified copy of the order, after giving opportunity of hearing to the
petitioners, private opposite parties and also LRs of the title holder.
Learned counsel for the petitioners undertakes that the petitioners shall prod
uce the certified copy of the order before the opposite party No.2 within two weeks.
The writ application is accordingly disposed of.
Issue urgent certified copy.
.. Pradip Mohanty, J.
Biswajit Mohanty,J.
1 issue framed by the court
Whether a direction should be issued to the Collector to dispose of the pending representation for compensation entitlement under section 30 of the Land Acquisition Act.
1 provisions across 1 enactments
Petitioners
Collector, Sundargarh
Opposite Party No. 3
Pradip Mohanty
Biswajit Mohanty
As recorded by the court registry
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