Appeal under Section 54 of the Land Acquisition Act, 1894, challenging a compensation order. The High Court held the appeal covered by earlier coordinate bench judgments and directed payment of compensation at Rs. 1,50,000 per acre with statutory benefits.
Compensation computed and paid at Rs. 1,50,000/- per acre with statutory benefits within six weeks.
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
L.A.A. No.02 of 2012
Ananta Pr. Barik
…. Appellant
Mr. N. Panda, Advocate
-versus-
Land Acquisition Collector, …. Respondent Bhadrak
Mr. B. Panigrahi, Additional Standing Counsel
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
09.08.2024
Order No.
11.
This matter is taken up through hybrid mode.
2. Heard Mr. Panda, learned Counsel for the Appellant and Mr. Panigrahi, learned Additional Standing Counsel for the Respondent.
3. The present Appeal has been preferred under Section 54 of the Land Acquisition Act, 1894, shortly, L.A. Act, 1894, challenging order dated 28.03.1998 passed by the Civil Judge (Senior Division), Bhadrak (hereinafter referred to as “Referral Court”), in L.A. Misc. Case No.336 of 1996.
4. Mr. Panda, learned Counsel for the Appellant draws attention of this Court to Paragraph-2 of the impugned judgment, vide which it has been clearly mentioned that in terms of various preliminary notifications made under Section 4(I) of the Act,1894, published on different dates in Orissa Gazette Extraordinary, lands measuring
an area of Ac.217.71 decimals in three Villages i.e. Helpur, Majurigadia and Pahamahura, under Dhamngar Tahasil, were acquired by the State on requisition of IDCO for establishment of a Private Sugar Factory namely, Dharani Sugar and Chemicals Limited in Mouza Majurigadia.
5. Mr. Panda further submits, this Appeal is covered by the judgments passed by the coordinate Bench in LAA No.4 of 2012 dated 20.06.2022 and LAA No.143 of 2010, L.A.A. No.144 of 2010, both dated 20.06.2022, and order dated 13.03.2024 passed in L.A.A. No.71 of 2011.
6. Copies of the said judgments and order being supplied to the learned Additional Standing Counsel for the State-Respondent, after examining the said judgments and order, Mr. Panigrahi, learned ASC does not dispute the said submission made by Mr. Panda, learned Counsel for the Appellant that the present Appeal is squarely covered by the said judgments passed by this Court, kissam of the land in question being same and situated in the same village so also acquired for the same purpose, though notifications made under Section 4(I) of the Act,1894, were published on different dates. 7. Accordingly, this Appeal stands disposed of holding that the Appellant (claimant before the Referral Court) is entitled to compensation @ Rs.1,50,000/- per acre for acquiring his land. Accordingly, the compensation @ Rs.1,50,000/- per acre be computed and paid to the Appellant with all other statutory benefits within a period
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Prasant
of six weeks from the date of communication/production of the certified copy of this order.
8. The Appeal is allowed to the extent as indicated above and stands disposed of. No order as to costs.
(S. K. Mishra)
Judge
Signature Not Verified
Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 10-Aug-2024 13:52:13
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1 issue framed by the court
What is the appropriate compensation rate per acre for the acquired land?
1 provisions across 1 enactments
Ananta Pr. Barik
Land Acquisition Collector
Sanjay Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
