Anadi Ch.Swain Vs La.Collector,Bhadrak — Land Acquisition | Orissa HC (2024)

Anadi Ch.Swain Vs La.Collector,Bhadrak — Land Acquisition | Orissa HC (2024)

What the court decided

AI extract

Outcome

Compensation @ Rs.1,50,000/- per acre with all other statutory benefits, to be computed and paid within six weeks from communication/production of the certified copy of the order; no order as to costs.

Issue for consideration

Whether the present Appeal is covered by the judgments passed by the coordinate Bench of this Court, given the same kissam of land, the same village and the same purpose of acquisition. +1 more

Court's answer

The Court disposed of the Appeal on the premise that it is squarely covered by its coordinate Bench judgments/orders (LAA No.4 of 2012 dated 20.06.2022; LAA Nos.143 and 144 of 2010 both dated 20.06.2022; order dated 13.03.2024 in LAA No.71 of 2011), the kissam of land being the same, situated in the same village and acquired for the same purpose, though the Section 4(1) notifications were published on different dates; the Additional Standing Counsel examined the judgments and did not dispute this, and the Court acted 'Accordingly' upon it.

Ratio / Principle

The Appellants (claimants before the Referral Court) are held entitled to compensation @ Rs.1,50,000/- per acre for the land acquired.

Key takeaways

The compensation @ Rs.1,50,000/- per acre shall 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.ratio¶17

Detailed headnote1 paragraphs

Orissa High Court at Cuttack (Justice Sanjay Kumar Mishra, sole judge/signatory), L.A.A. No.06 of 2012, order dated 09.08.2024: Appeal preferred under Section 54 of the Land Acquisition Act, 1894 against the order dated 15.04.1998 of the Civil Judge (Senior Division), Bhadrak ('Referral Court') in L.A. Misc. Case No.322 of 1996, concerning acquisition of Ac.217.71 decimals in villages Helpur, Majurigadia and Pahamahura under Dhamngar Tahasil, taken by the State on requisition of IDCO for establishment of the private sugar factory Dharani Sugar and Chemicals Limited pursuant to preliminary notifications under Section 4(1) published on different dates in the Orissa Gazette Extraordinary. Held: the appeal is squarely covered by the coordinate Bench judgments in LAA No.4 of 2012 (dt. 20.06.2022) and LAA Nos.143 and 144 of 2010 (both dt. 20.06.2022) and the order dated 13.03.2024 in LAA No.71 of 2011, the kissam of land being the same, situated in the same village and acquired for the same purpose, notwithstanding the different notification dates; the Additional Standing Counsel for the State did not dispute this. Accordingly, the Appellants (claimants before the Referral Court) are entitled to compensation @ Rs.1,50,000/- per acre, to be computed and paid with all other statutory benefits within six weeks of communication/production of the certified copy of the order. Appeal allowed; no order as to costs.

IN THE HIGH COURT OF ORISSA AT CUTTACK

L.A.A. No.06 of 2012

Udhaba Chandra Barik and …. Appellants others

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 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.322 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.

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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

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