Dismissed¶8

Land Acquisition Officer,Kalahandi v. Sajana Suna

Orissa HC14 Aug 2024LAA/35/2017

Case brief

AI extract

What is this about?

L.A.A. No.35 of 2017, High Court of Orissa at Cuttack (Justice Sanjay Kumar Mishra), decided 14.08.2024: State appeal (Land Acquisition Officer, Kalahandi v. Sajana Suna & others) against enhancement of land acquisition compensation to Rs.4,00,000/- per acre in LAR No.06 of 2016 dismissed; rests on confirmed judgment in LAR No.142 of 2014 (Berna kisam, mouza Patiguda).

What did the court decide?

None to the appellant-State; the enhanced compensation of Rs.4,00,000/- per acre in favour of the private Respondents remains undisturbed; Registry directed to communicate the order to the Court below and the private Respondents. ¶8

Land Acquisition Officer,Kalahandi Vs Sajana Suna — Orissa HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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L.A.A. No.35 of 2017

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Land Acquisition Officer, …. Appellant Kalahandi

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Mr. B. Panigrahi, ASC

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-versus-

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Sajana Suna & others …. Respondents

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CORAM: JUSTICE SANJAY KUMAR MISHRA

ORDER

14.08.2024

Order No.

14. This matter is taken up through hybrid mode.

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2. This Appeal has been preferred challenging the Judgment dated 4^th May, 2016 passed in LAR No.06 of 2016, vide which the referral Court enhanced the compensation amount @ Rs.4,00,000/- per acre for acquiring the lands of the Respondents of Berna kisam, relying on the judgment passed by the said Court dated 01.12.2015 in LAR No.142 of 2014.

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3. Though the private Respondents were duly noticed, but they choose not to appear to contest the present Appeal.

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4. As there is a reference to the Judgment passed in LAR No.142 of 2014 in the impugned Judgment, being directed, the learned State Counsel brought to the notice of this Court that the said Judgment passed in LAR No.142 of

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2014, is the subject matter of challenge in L.A.A. No.30 of 2017. Hence, vide order dated 18.04.2024, it was ordered to list this Appeal along with the records in L.A.A. No.30 of 2017.

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4. Heard Mr. Panigrahi, learned ASC for the StateAppellant.

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5. On perusal of the record in L.A.A. No.30 of 2017, it is ascertained that the said Appeal stood dismissed on 08.05.2024, on the ground of delay and laches. However, on perusal of the impugned Judgment dated 01.12.2015 passed in LAR No.142 of 2014, it is ascertained that the referral Court, while enhancing the compensation amount to Rs.4,00,000/- per acre for Berna kisam of land in mouza Patiguda, took note of the Judgment passed by the said Court dated 12.05.2015 in LAR No.182 of 2014 so also certified copy of the R.S.D. No.2269, marked as Ext.2 in the said proceeding.

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6. On perusal of the impugned Judgment dated 4^th May, 2016, it is ascertained that the suit land is of Berna kisam of the same mouza i.e. Patiguda, and the referral Court, taking into consideration of the Judgment dated 01.12.2015 passed in LAR No.142 of 2014, certified copy of which was marked as Ext.1, has enhanced the compensation to Rs.4,00,000/- only per acre in favour of the private Respondents, which is at par with the suit land in LAR No.142 of 2014.

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7. Admittedly, though LAA No.30 of 2017 was preferred by the State against the said Judgment dated 01.12.2015 in LAR No.142 of 2014, the same was dismissed on the

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Page 2 of 3

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Prasant

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ground of delay and laches, thereby confirming the Award/Judgment in LAR. No.142 of 2014.

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8. In view of the above, this Court is not inclined to entertain this Appeal. Accordingly, the same stands dismissed.

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9. Registry is directed to communicate a copy of this order to the Court below so also the private Respondents.

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(S. K. Mishra)

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Judge

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Signature Not Verified

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Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 14-Aug-2024 18:23:13

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Land Acquisition Officer,Kalahandi v. Sajana Suna

Case brief

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Land Acquisition Officer,Kalahandi v. Sajana Suna

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