Disposed

Muralidhar Barik v. State of Odisha

Orissa HC16 Sept 2020WP(C)/4342/2020

Case brief

AI extract

What is this about?

Writ petition regarding disputed compensation for land acquired for National Highway construction was disposed of. The Court directed the petitioner to file an application before the Collector-cum-Arbitrator within two weeks for compensation enhancement under Section 3-G (5) of the National Highways Act, 1956.

What did the court decide?

Writ petition disposed of with a direction to file an application before the Collector-cum-Arbitrator for compensation enhancement within two weeks.

Muralidhar Barik Vs State of Odisha — Land Acquisition | Orissa HC (2020)

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W.P.(C) NO.4342 OF 2020

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02. 16.09.2020 This matter is taken up through video conferencing.

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

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The petitioner claims that he is the owner of Plot No.251 under Khata No.306 measuring an area of Ac.1.78 decimals of Mouza – Jashipur in the district of Mayurbhanj and a portion of the said land was acquired by the National Highways Authority for construction/widening of National Highway No.6. His further grievance is that the compensation amount has not been properly determined in view of Sub-section (5) and (7) (d) of Section 3-G of National Highways Act, 1956

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In case of any dispute regarding determination of compensation amount and if the same is not acceptable to either of the parties, the same can be determined by the Arbitrator appointed by the Central Government as per Section 3-G (5) of the Act.

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For better appreciation, Section 3-G (5) of the National Highways Act, 1956 is quoted hereunder:-

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“3-G : Determination of amount payable as compensation.

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xx xx xx (5) If the amount determined by the competent authority under Sub-section (1) or Sub-Section (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the Arbitrator to be appointed by the Central Government.

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In view of the aforesaid provision, this Court disposes of this Writ Petition with an observation that in case the petitioner files an application before the Collector-cum-Arbitrator, Mayurbhanj – opposite party No.2 along with the claim statement for enhancement of the compensation amount as provided under Section 3G (5) of the Act in respect of the property in question within a period of two weeks from today, in such event, the said opposite party shall consider the same, issue notice to the National Highways Authority to file their written statement and conclude the proceeding in accordance with law, as expeditiously as possible, after giving opportunity of hearing to the parties.

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As the lock down period is continuing for COVID-19 the petitioner may utilize the soft copy of this order available in the High Court’s website or print thereof at par with the certified copy in the manner prescribed, vide Court’s notice No.4587, dated 25.03.2020.

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……….………….. S.Panda, J.

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Muralidhar Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Muralidhar Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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