Ranjan Kumar Beura v. Land Acquisition Officer-Cum-Authorized Officer

Orissa HC19 Dec 2019WP(C)/25424/2019

Case brief

AI extract

What is this about?

The High Court disposed of two writ petitions concerning land acquisition and eviction. The Court directed the Competent Authority to assess compensation for structures to be demolished. It directed the Collector-Arbitrator to expedite the pending compensation enhancement application and stayed coercive actions pending its disposal.

What did the court decide?

Direction to assess compensation for demolished structures; stay on coercive action until arbitration disposed; direction to dispose of arbitration expeditiously.

Ranjan Kumar Beura Vs Land Acquisition… — Land Acquisition | Orissa HC (2019)

¶1

W.P.(C) No. 25424 of 2019

¶2

W.P.(C) Nos. 25424 & 26513 of 2019

¶3

02. 19.12.2019

¶4

On the oral prayer learned counsel for the petitioner is permitted to implead the Collector and District Magistrate, Angul as opposite party No.2 in W.P.(C) No. 26513 of 2019 in Court today.

¶5

Heard learned counsel for the petitioner and learned

¶6

Addl. Government Advocate.

¶7

Petitioner in W.P.(C) No. 25424 of 2019 seeks for a direction to the competent authority to dispose of L.A. Case No. 2 of 2017 vide Anneuxre-1 within a stipulated time. So also the petitioner in W.P.(C) No. 26513 of 2019 prayed for setting aside the eviction/demolition notice dated 10.12.2019 vide Annexure-3 issued by opposite party No.2-Collector and District Magistrate, Angul.

¶8

Since a common question of law is involved in both the writ petitions, they are heard together and disposed of by this common order.

¶9

¶10

It is contended that pursuant to the notice issued by the authority the petitioner has already received compensation in respect of Land Acquisition Case No. 2 of 2017. However being aggrieved by determination of compensation petitioner has filed an application before the Collector-cum-District Magistrate and Arbitrator for enhancement of the compensation as required under Section 3-G(5) of the National Highways Act, 1956. The said application of the petitioner was received by the authority on 22.2.2018. A copy of which is annexed as Annexure-2 to the writ petition in W.P.(C) No. 26513 of 2019. However, during pendency of the said application for enhancement of compensation the petitioner has received a notice dated 10.12.2019 vide Anneuxre-3 in W.P.(C) No. 26513 of 2019. In the said notice the competent authority has informed the petitioner to vacate the land by

¶11

¶12

20.12.2019.

¶13

Learned counsel for the petitioner contended that since the arbitration case is still pending and no proper assessment of compensation was made as required under Section 3-G(7) of the National Highways Act the authority should assess the same. He further stated that the building is existed over more than the land which was acquired and in case the authority will demolish the structure the entire building will be affected.

¶14

Considering the above, we dispose of both the writ petitions with a direction to opposite party No.1- Competent Authority to assess the compensation in respect of structure which is going to be demolished on production of the certified copy of the order as well as the Collector and District Magistrate, Angul –cum-Arbitrator under N.H. Act-opposite party No.2 to dispose of arbitration case which was filed by the petitioner on 22.2.2018 as expeditiously as possible preferably by end of February, 2020 after giving opportunity of hearing to the parties. Till disposal of the arbitration case, no coercive action shall be taken against the structure of the petitioner standing over Khata No. 1128/1636 of Mouza Nuahata in the district of Angul, pursuant to the impugned notice dated 10.12.2019 vide Annexure-3.

¶15

Urgent certified copy of the order be granted on proper application.

¶16

……………… S. Panda, J

¶17

…..……………… S.K.Sahoo, J

¶18

Ranjan Kumar Beura v. Land Acquisition Officer-Cum-Authorized Officer

Case brief

What is this about?

What did the court decide?

Ranjan Kumar Beura v. Land Acquisition Officer-Cum-Authorized Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Satyabadi Panigrahi Vs State of Odisha

Panchanan Panja Vs the State of Odisha

Uco Bank Vs Sk. Fayazuddin

Orissa Security and Service Employees Union Vs the Chairman Cum Md, Mahanadi Coalfields Ltd.

M/S.Acrux Realcon Pvt.Ltd. Vs State of Odisha and Ors.

Keshab Majhi Vs Govt.of Odisha