Disposed

Sunanda Tripathy v. the State of Odisha

Orissa HC9 Feb 2021WP(C)/3061/2021

Case brief

AI extract

What is this about?

The High Court directed the petitioner to approach the Tahasildar (competent authority) under Section 3H of the National Highways Act, 1956 for adjudication of land compensation. Compensation disbursement was stayed pending this decision, with a three-month deadline.

What did the court decide?

Direction to the petitioner to file objection before the Tahasildar within three months; stay on compensation disbursement until authority renders a decision or refers the matter to the civil court.

Sunanda Tripathy Vs the State of Odisha — Land Acquisition | Orissa HC (2021)

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W.P.(C). No. 3061 of 2021

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09.02.2021 This matter is taken up through video conferencing. 2. Heard.

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This writ petition has been filed with a prayer not to release the compensation amount in favour of opposite party Nos. 5 and 6 under Annexure-1 till final disposal of CS No.70 of 2019 pending before the Court of Civil Judge (Senior Division), Bolangir. 4. Grievance of the petitioner in this writ petition is with regard to inaction of the opposite party Nos.1 to 4 in the matter of releasing compensation, solatium and other consequential dues due to acquisition of the land pertaining to plot No.6 (area Ac.0.530 decimal), plot No.132 (area Ac.0.08 hectare), plot No.5 (area Ac.0.486 hectare), plot No.133 (area Ac.1.400 decimal), Plot No.134 (area Ac.0.08 hectare) under Khat No.4 situated in mouza Khujenapal, Holding No.47 as per current settlement (for short, ‘the case land’)

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4.1 However, instead of filing application before the competent authority raising such grievance as provided under Section-3H of the National Highways Act,1956, she has filed objection before the Collector, Bolangir, who is the Arbitrator under the Central Government notification under the said Act.

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4.2 As such, an opportunity should be given to the petitioner to file her objection before the competent Authority under Section 3H of the National Highways Act, 1956. Thus, it is open for the petitioner to file objection before the Competent Authority, i.e.,

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opposite party No.3-Tahasildar, Bolangir, and in that event, said competent authority issues notice to the parties, and on appearance of the parties, he shall proceed to adjudicate the matter. If he is unable to adjudicate the case, i.e., apportionment of the compensation, he may refer the matter to the Civil Court, as provided under Section-3H(4) of the said Act. It is made clear that this exercise shall be completed within a period of three months from today.

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4.3 It is made clear that compensation amount shall not be disbursed till the Competent Authority takes a decision, as stated above.

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With the aforesaid observation and direction, the writ petition is disposed of.

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5.1 As the lock down period is continuing for COVID-19 learned counsel for the parties 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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……….…………..

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S.Panda, J.

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.……...….………… K.R.Mohapatra, J.

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Sunanda Tripathy v. the State of Odisha

Case brief

What is this about?

What did the court decide?

Sunanda Tripathy v. the State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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