Narendra Patel Vs State of Odisha — Land Acquisition | Orissa HC (2025)

Narendra Patel Vs State of Odisha — Land Acquisition | Orissa HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with direction to Opposite Party No.3 (Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar, Nuapada) to dispose of L.A.R. Case No.05 of 2017 in accordance with law within three months from the date of production of a certified copy of the order and communicate the result to the petitioner; if the Section 28-A application is allowed and there is no other legal impediment, the compensation amount to be disbursed in favour of the petitioner within two months thereafter. Urgent certified copy to be granted on proper application.

Issue for consideration

Whether the writ petition should be allowed by issuing a direction to Opposite Party No.3 (Special Land Acquisition Officer) to dispose of L.A.R. Case No.05 of 2017, the petitioner's pending application under Section 28-A of the Land Acquisition Act, 1894, expeditiously.

Court's answer

Without expressing any opinion on the merits, the Court disposed of the writ petition directing opposite party no.3 to dispose of L.A.R. Case No.05 of 2017 in accordance with law within a period of three months from the date of production of a certified copy of the order and to communicate the result of such exercise to the petitioner.

Ratio / Principle

In case the petitioner's application under Section 28-A of the Land Acquisition Act, 1894 is allowed, and if there is no other legal impediment, the compensation amount is to be disbursed in favour of the petitioner within a period of two months thereafter.

Detailed headnote1 paragraphs

Land Acquisition – Delay in disposal of compensation application – Petitioner aggrieved by non-disposal of his application under Section 28-A of the Land Acquisition Act, 1894, styled as L.A.R. Case No.05 of 2017, pending before the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar, Nuapada (Opposite Party No.3) – Held, without expressing any opinion on the merits, the writ petition is disposed of directing opposite party no.3 to dispose of the L.A.R. Case in accordance with law within three months from production of a certified copy of the order and to communicate the result to the petitioner; if the application is allowed and there is no other legal impediment, the compensation amount is to be disbursed in favour of the petitioner within two months thereafter.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.1311 of 2025

Narendra Patel ….. Petitioner

Mr. B.K. Behera (1),

Advocate

-versus-

State of Odisha and others

..... Opp. Parties

Mr. Aurobinda Mohanty, Addl. Govt. Advocate

CORAM:

THE HON'BLE MR. JUSTICE S.K. SAHOO THE HON'BLE MR. JUSTICE CHITTARANJAN DASH

ORDER

Order No.

20.01.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the Petitioner and learned counsel for the State.

According to the learned counsel for the petitioner that the petitioner is aggrieved by the non-disposal of his application filed under Section 28-A of the Land Acquisition Act, 1894 styled as L.A.R. Case No.05 of 2017 pending before the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar, Nuapada (Opposite Party No.3). In such background, he prays that a direction be issued to the opposite party no.3 to

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dispose of the said case expeditiously.

Considering the submission made and without expressing any opinion on the merits of the case, this Court disposes of the Writ Petition directing the opposite party no.3 to dispose of the L.A.R. Case No.05 of 2017 in accordance with law within a period of three months from the date of production of a certified copy of this order and communicate the result of such exercise to the petitioner.

It is further directed that in case the application of the petitioner under Section 28-A of the Land Acquisition Act, 1894 is allowed, and if there is no other legal impediment, the compensation amount be disbursed in favour of the petitioner within a period of two months thereafter.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo)

Judge

(Chittaranjan Dash) Judge

Rajesh

Signature Not Verified

Digitally Signed Signed by: PRAMOD KUMAR SAHOO Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 21-Jan-2025 18:51:46

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