Pardesi Dandasena Vs Land Aquisition

OJC NO.17639 OF 2001

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19.11.2018 Heard learned counsel for the petitioner and learned Addl. Government Advocate.

This Writ Application has been filed by the petitioner challenging the order dated 03.06.1998 passed by the Land Acquisition Officer, Nuapada in Reference Case No.6 of 1997 rejecting the application of the petitioner to refer the matter to the Civil Court for enhancement of market value of the land and to direct the opposite party to refer the claim of the petitioner for adjudication of the compensation amount to the competent Civil Court in respect of his land acquired for excavation of Mangarapali Sub-Minor of Upper Jonk Irrigation Project.

Perused the impugned order passed under Section 18 of the Land Acquisition Act, 1894. As per the statutory provision, the Land Acquisition Officer has no jurisdiction to go through the merit of the claim for re-determination of the compensation amount. Only the competent authority is the Court, which has the jurisdiction to determine it and the Collector is like the Post Office to receive the application and refer it to the Court for redetermination of the compensation amount as per the statutory provisions.

BP

In view of the aforesaid settled principles, we set aside the impugned order and direct the Land Acquisition Officer-cumCollector, Nuapada to refer the application of the petitioner filed under Section 18 of the Land Acquisition Act, 1894 vide Annexure2 to the Court for adjudication of the compensation amount, within a period of four weeks from the date of production of certified copy of this order.

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Requisites for communication of this order to the opposite party through registered Post with A.D be filed by the petitioner by 26.11.2018.

��.��.. S.Panda, J.

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��.��.. S.K.Sahoo, J.

Pardesi Dandasena v. Land Aquisition