Allowed

Someswar Mali v. State

Orissa HC23 Jun 2016WP(C)/18304/2009

Case brief

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What is this about?

The High Court quashed an impugned letter in a writ petition filed by a land-loser under Section 18 of the Land Acquisition Act. Relying on a prior order quashing guidelines, the Court directed the opposite parties to pay interest on the re-determined market value under Sections 23(1-A), 23(2) and 28 strictly in accordance with rates. The order was to be paid within four weeks.

What did the court decide?

Quashed of the impugned letter and direction to opposite parties to pay interest on the re-determined market value under Sections 23(1-A), 23(2) and 28 within four weeks.

The petitioner is a land-loser in whose favour the Land Acquisition Officer ha s passed award determining the compensation. Aggrieved of the inadequacy of the award of compe nsation, the petitioner filed a petition under section 18 of the Land Acquisition Act to make reference. Reference was accordingly made which was registered as M.J.C. No. 94 of 1999. The r eference Court re-determined the market value of the land that was acquired and at the time of passing award directed that in addition to the market value, the petitioner was to get the ot her statutory benefits, i.e. either under section 23(1-A), 23(2) and section 28 of the Act but interest was not paid. On similar issue, W.P.(C). No. 18303 of 2009 was filed before this Cou rt by one Mana Mali challenging the action of the authorities in not granting the benefit unde r section 28 of the L.A. Act in view of the guidelines and this Court while disposing of the a foresaid W.P.(C) No. 18303 of 2009 quashed the guidelines and directed the opposite parties to pay interest on the re-determined market value as provided under Sections 23(1-A), 23(2) and 28 strictly in accordance with the rates mentioned therein.

After forgoing discussion, more particularly when the guidelines issued by the Government have already been quashed by this Court, the impugned letter under Annexure-2 is q uashed so far as the petitioner is concerned. The opposite parties are directed to pay

interest on the re-determined market value as provided under Sections 23(1-A), 23(2) a nd 28 of the Act strictly in accordance with the rates mentioned therein to the petitioner. If any amount already paid, the same shall be deducted and the remaining amount may be properly calculated and paid to the petitioner within a period of four weeks from the date of receipt o f the certified copy of this order.

Someswar Mali v. State

Case brief

What is this about?

What did the court decide?

Someswar Mali v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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