Disposed

Gunanidhi Sahoo v. State of Odisha

Orissa HC13 Nov 2020WP(C)/29018/2020

Case brief

AI extract

What is this about?

This judgment observes the court's direction requiring the Special Land Acquisition Officer to consider an application under Section 28-A of the Land Acquisition Act filed by the petitioners, ensuring a hearing and decision within two months.

What did the court decide?

Observation directing the Special Land Acquisition Officer to consider an application under Section 28-A within two months after a hearing.

Gunanidhi Sahoo Vs State of Odisha — Land Acquisition | Orissa HC (2020)

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W.P.(C). No. 29018 of 2020

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13.11.2020 This matter is taken up through video

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conferencing.

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Heard learned counsel for the petitioners.

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Petitioners in this writ petition seek for a direction to the opposite parties to pay higher compensation like other similarly situated persons.

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It is contended by the petitioners that pursuant to the Notification dated 15.11.2002 issued by the Government of Odisha in the Department of Revenue the land of the petitioners was acquired for construction of Railway Line of Kalinga open Cast Project under Mahanadi Coal Fields Limited. Accordingly the Special Land Acquisition Officer-opposite party No.2 initiated L.A. Case No. 100/97 and award was passed. The petitioners had received the award with protest. Thereafter petitioners have filed an objection before the Land Acquisition Officer and the same is still pending. It is also contended that some of the co-villagers whose lands were acquired by opposite party No.2 for the selfsame purpose and they raised objection while receiving the award and their cases were referred to the Learned Civil Judge (Sr.Divn.), Angul in L.A. Ref Case No. 11 of 2005 and higher compensation was awarded by the Court below by judgment dated 6.9.2010. Since the authority has not taken any action on the objection of the petitioners hence the present writ petition.

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Considering the above, we dispose of the writ petition with an observation that in case the petitioners file an application under Section 28-A of the Land Acquisition

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Act before opposite party No.2-Special Land Acquisition Officer, Mahanadi Coal Field Limited (MCL), Angul in such event the opposite party No.2 shall consider the same in accordance with the law after giving an opportunity of hearing to the petitioners within a period of two months from the date of filing of such application and result thereof shall be communicated to the petitioners.

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……………… S.Panda,J.

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…..……………… S.K.Mishra, J

Gunanidhi Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Gunanidhi Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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