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Ananta Pr.Barik Vs La.Collector,Bhadrak — Land Acquisition | Orissa HC (2024)

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Orissa HC
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Ananta Pr.Barik Vs La.Collector,BhadrakAnanta Pr.Barik v. La.Collector,Bhadrak

Allowed¶19

Ananta Pr.Barik v. La.Collector,Bhadrak

Orissa HC9 Aug 2024LAA/3/2012

Case brief

AI extract

What is this about?

High Court of Orissa at Cuttack; L.A.A. No.03 of 2012; decided 09.08.2024; coram: Justice Sanjay Kumar Mishra. Subject: land acquisition compensation — award of Rs.1,50,000/- per acre under Section 54, Land Acquisition Act, 1894; Section 4(I) notifications in Orissa Gazette Extraordinary; acquired land Ac.217.71 decimals in villages Helpur, Majurigadia, Pahamahura, Dhamngar Tahasil; requisitioning body IDCO; project proponent Dharani Sugar and Chemicals Limited; impugned order dated 15.04.1998 of Civil Judge (Senior Division), Bhadrak in L.A. Misc. Case No.377 of 1996; coordinate-Bench precedents followed: LAA No.4 of 2012 (20.06.2022), LAA No.143 of 2010 and L.A.A. No.144 of 2010 (both 20.06.2022), L.A.A. No.71 of 2011 (order dated 13.03.2024); statutory benefits; payment within six weeks; appellants Ananta Pr. Barik & another; respondent Land Acquisition Collector, Bhadrak; advocates N. Panda and B. Panigrahi (Additional Standing Counsel).

What did the court decide?

Compensation @ Rs.1,50,000/- per acre with all statutory benefits, payable within six weeks; appeal allowed and disposed of; no order as to costs. ¶19

Why is it important?

The Appellants (claimants before the Referral Court) are entitled to compensation @ Rs.1,50,000/- per acre for their land acquired for the Dharani Sugar and Chemicals Limited project. ¶17

What the court decided

AI extract

Outcome

Compensation @ Rs.1,50,000/- per acre with all statutory benefits, payable within six weeks; appeal allowed and disposed of; no order as to costs.

Issue for consideration

Whether the Appellants (claimants before the Referral Court) are entitled to compensation @ Rs.1,50,000/- per acre for their acquired lands, the appeal being covered by earlier judgments of the coordinate Bench relating to the same kissam of land, the same villages and the same acquisition purpose.

Court's answer

The Appellants (claimants before the Referral Court) are entitled to compensation @ Rs.1,50,000/- per acre for their land acquired for the Dharani Sugar and Chemicals Limited project.

Ratio / Principle

The compensation @ Rs.1,50,000/- per acre shall be computed and paid to the Appellants with all other statutory benefits within six weeks from communication or production of the certified copy of the order.

Detailed headnote1 paragraphs

Appeal under S.54, Land Acquisition Act 1894 (L.A.A. No.03 of 2012, High Court of Orissa at Cuttack, decided 09.08.2024, Justice Sanjay Kumar Mishra) against the order dated 15.04.1998 of the Civil Judge (Senior Division), Bhadrak in L.A. Misc. Case No.377 of 1996. Lands (Ac.217.71 decimals in Helpur, Majurigadia and Pahamahura, Dhamngar Tahasil), notified under S.4(I) of the Act, 1894 in the Orissa Gazette Extraordinary, had been acquired for Dharani Sugar and Chemicals Limited on IDCO's requisition. Holding the appeal squarely covered by coordinate-Bench judgments (LAA No.4 of 2012; LAA Nos.143 and 144 of 2010, both dated 20.06.2022; order dated 13.03.2024 in L.A.A. No.71 of 2011) — a coverage the State's Additional Standing Counsel did not dispute — the Court awarded the appellants compensation @ Rs.1,50,000/- per acre with all statutory benefits, to be computed and paid within six weeks; appeal allowed and disposed of, no costs.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

L.A.A. No.03 of 2012

Ananta Pr. Barik & …. Appellants another

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.

10.

This matter is taken up through hybrid mode.

2. Heard Mr. Panda, learned Counsel for the Appellants 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 15.04.1998 passed by the Civil Judge (Senior Division), Bhadrak (hereinafter referred to as “Referral Court”), in L.A. Misc. Case No.377 of 1996. 4. Mr. Panda, learned Counsel for the Appellants 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 Appellants 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 Appellants (claimants before the Referral Court) are entitled to compensation @ Rs.1,50,000/- per acre for acquiring their land. Accordingly, the compensation @ Rs.1,50,000/- per acre be computed and paid to the Appellants with all other statutory benefits within a period of six weeks from the date of communication / production of the certified copy of this order.

Page 2 of 3

8. The Appeal is allowed to the extent as indicated above and stands disposed of. No order as to costs.

(S. K. Mishra)

Prasant

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 13:52:14

Page 3 of 3

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the Appellants (claimants before the Referral Court) are entitled to compensation @ Rs.1,50,000/- per acre for their acquired lands, the appeal being covered by earlier judgments of the coordinate Bench relating to the same kissam of land, the same villages and the same acquisition purpose.medium confidence¶17
The court held
The Appellants (claimants before the Referral Court) are entitled to compensation @ Rs.1,50,000/- per acre for their land acquired for the Dharani Sugar and Chemicals Limited project.ratio¶17

Cases cited

Colour shows how this judgement treated each authority

AI extract

LAA No.4 of 2012 dated 20.06.2022Followed¶17
LAA No.143 of 2010Followed¶17
L.A.A. No.144 of 2010Followed¶17
order dated 13.03.2024 passed in L.A.A. No.71 of 2011Followed¶17

Statutes considered

2 provisions across 1 enactments

AI extract

Land Acquisition Act, 189454¶15 4(I)¶16

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 15.04.1998 of the Civil Judge (Senior Division), Bhadrak in L.A. Misc. Case No.377 of 1996 (the “Referral Court”), challenged by this appeal.¶15
Civil Judge (Senior Division), Bhadrak · 15.04.1998
Prior proceeding
Appeal preferred under Section 54 of the Land Acquisition Act, 1894 against the Referral Court's order.¶15
Prior proceeding
Pursuant to preliminary notifications under Section 4(I) of the Act, 1894 published on different dates in the Orissa Gazette Extraordinary, lands measuring Ac.217.71 decimals in Helpur, Majurigadia and Pahamahura (Dhamngar Tahasil) were acquired by the State on requisition of IDCO for establishment of Dharani Sugar and Chemicals Limited.¶16

Parties & counsel

AI extract

appellant
Ananta Pr. Barik & another¶3
N. Panda
respondent
Land Acquisition Collector, Bhadrak¶6
B. Panigrahi

Coram

AI extract

Sanjay Kumar Mishraauthor¶8

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 9 Aug 2024 · August
Registered: 10 Jan 2012
Case no.: LAA/3/2012
CNR: ODHC010261132012
Topic: Land Acquisition
Bench: Sanjay Kumar Mishra
Disposal: Disposed Off
Case type: L.A.A.

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Cite this judgement

Ananta Pr.Barik v. La.Collector,Bhadrak, LAA/3/2012 (OD), decided on 9 August 2024.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited4

LAA No.4 of 2012 dated 20.06.2022Followed¶17
LAA No.143 of 2010Followed¶17
L.A.A. No.144 of 2010Followed¶17

View all cases cited

Statutes2

Land Acquisition Act, 189454 · 4(I)

View all statutes

Procedural history3

Order dated 15.04.1998 of the Civil Judge (Senior Division), Bhadrak in L.A. Misc. Case No.377 of 1996 (the “Referral Court”), challenged by this appeal.Civil Judge (Senior Division), Bhadrak · 15.04.1998
Appeal preferred under Section 54 of the Land Acquisition Act, 1894 against the Referral Court's order.
Pursuant to preliminary notifications under Section 4(I) of the Act, 1894 published on different dates in the Orissa Gazette Extraordinary, lands measuring Ac.217.71 decimals in Helpur, Majurigadia and Pahamahura (Dhamngar Tahasil) were acquired by the State on requisition of IDCO for establishment of Dharani Sugar and Chemicals Limited.

View full history

Bench / Coram

Sanjay Kumar Mishra

Parties & counsel