The petitioner sought an injunction to stop road construction over her land. The court rejected the claim, noting the road existed since 1982, and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.5567 of 2012
Diptimayee Sahoo …. Petitioner
Mr. T. K. Mishra, Advocate
-versus-
The Collector, Dhenkanal and Others
…. Opposite Parties Mr. I. Mahanty, ASC
CORAM: THE CHIEF JUSTICE JUSTICE R. K. PATTANAIK
Order No.
ORDER 20.07.2022
Page 1 of 3
over her land has been ‘acquired’ by the Government and then converted into a public road. He refers in particular to paras 8 and 10 of the counter affidavit. Paras 8 and 10 read as under:
“8. That in reply to the averments made in para-9 of the writ petition it is humbly submitted that out of Khata No.501(10 plots) Plot No.5250 has been recorded as road and is being used as a road by the public since long as declared as Govt. land. As such the paying of rent for that portion is her own decision and not related to this division. Moreover paying rent does not create any right whatsoever.
xxx xxx xxx
10. That in reply to the averments made in Para 11 of the writ petition it is humbly submitted that the question of initiation of acquisition of land proceedings does not arise, as there is already road on the land in question. In the meanwhile the road project was sanctioned by NRRDA (Govt. of India) and after approved by Chief Engineer, Rural Works III, Odisha, Bhubaneswar tender was floated and the lowest bidder M/s. S. K. Agrwalla was awarded the above cited work vide Agrt. No.01/NCB/ADB-II of 2011-12”.
Page 2 of 3
(Dr. S. Muralidhar)
Chief Justice
(R. K. Pattanaik)
Judge
M. Panda
Page 3 of 3
1 issue framed by the court
Whether to grant an injunction to stop the construction of a road claimed to be upgrader.
Diptimayee Sahoo
The Collector, Dhenkanal
R. K. Pattanaik
M. Panda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
