High Court of Orissa allowed an appeal under the Land Acquisition Act, 1894. The court held appellants entitled to Rs.1,50,000 per acre compensation for land requisitioned for a private sugar factory, relying on coordinate bench precedents.
Compensation of Rs.1,50,000 per acre to be computed and paid 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.72 of 2011
Janaki Jena …. Appellant Mr. N. Panda, Advocate
-versus-
Land Acquisition Collector, …. Respondents Bhadrak
Mr. S.K. Brahma, ASC
CORAM: JUSTICE SANJAY KUMAR MISHRA ORDER
13.12.2024
Order No.
07.
This matter is taken up through hybrid mode.
2. Heard Mr. Panda, learned Counsel for the Appellant and Mr. S.K. Brahma, 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 18.04.1998 passed by the Civil Judge (Senior Division), Bhadrak (hereinafter referred to as “Referral Court”), in L.A. Misc. Case No.323 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, order dated 13.03.2024 passed in L.A.A. No.71 of 2011 and recent order passed by this Court dated 09.08.2024 in LAA No.61 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. S.K. Brahma, 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)
Banita
JUDGE
Signature Not Verified
Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, C UTT ACK Date: 16-Dec-2024 11:15:57
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3 issues framed by the court
Whether compensation of Rs.1,50,000 per acre must be paid to appellants for land acquired for private sugar factory.
Whether present appeal is distinguishable from coordinate bench judgments covering same land and purpose.
Whether appellants are entitled to statutory benefits including payment within six weeks.
Colour shows how this judgement treated each authority
2 provisions across 1 enactments
Janaki Jena
Land Acquisition Collector, Bhadrak
Sanjay Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
