Keshab Kumar Pani Vs Union of India — Orissa HC (2025) — LawSathi Research

Keshab Kumar Pani Vs Union of India — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief granted; writ application disposed of with the observation that the petitioner may pursue his remedy before Opposite Party No.4 if no award has yet been passed in respect of the acquisition of the land in question.

Issue for consideration

Whether the Competent Authority (Land Acquisition) N.H.-cum-Tahasildar, Bangiriposhi should be directed to determine compensation for the acquired Plot 364, Khata No.107, Mouza-Jagannathkhunta, in view of the Govt. Guidelines dtd.26.12.2017 issued by the Ministry of Road Transport and Highway and the civil suit decree declaring the petitioner's title, and to extend revised compensation with rehabilitation benefits to him as an affected family under s.3(C)(i) of the RFCTLA RR Act, 2013.

Court's answer

As no award had yet been passed for the land under acquisition, the writ application was disposed of with the observation that the petitioner may pursue his remedy before the Competent Authority, Land Acquisition (N.H.)-cum-Tahasildar, Bangiriposhi (Opposite Party No.4) for redressal of his grievance.

Ratio / Principle

Pursuit of the petitioner's case before the Competent Authority was conditioned on the land acquisition proceeding still being pending with the Competent Authority, Land Acquisition (N.H.), Bangiriposhi.

Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No.18978 of 2025, High Court of Orissa at Cuttack), coram K.R. Mohapatra and Savitri Ratho, JJ.; order dated 17.09.2025. Petitioner Keshab Kumar Pani, whose Plot 364 (Khata No.107, Mouza-Jagannathkhunta, Tahasil Bangiriposhi) stood acquired for a National Highway, prayed for a direction to the Competent Authority of (Land Acquisition) N.H.-cum-Tahasildar, Bangiriposhi (O.P. No.4) to determine compensation in view of Govt. Guidelines dtd.26.12.2017 issued by the Ministry of Road Transport and Highway, taking reference to the judgment dtd.11.02.2025 passed in C.S. No.55/153 of 2020-2024 by the 2nd Additional Civil Judge (Sr. Division), Baripada declaring his right, title and interest over the plot, and to extend revised compensation with rehabilitation benefits as an affected family under s.3(C)(i) of the RFCTLA RR Act, 2013. Counsel submitted that the acquisition award had not yet been finalized and that the petitioner had obtained an ex parte decree in the said suit. The Court disposed of the writ application, observing that if no award has yet been passed in respect of the acquisition of the land in question, the petitioner may pursue his remedy before the Competent Authority (O.P. No.4), the pursuit being premised on the acquisition proceeding still pending with that authority.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.18978 OF 2025

Keshab Kumar Pani …. Petitioner

Mr.Subhransu Bhusan Mohanty, Advocate

-versus-

Union of India and Others

…. Opp. Parties

Mr.Darpanarayan Pattnayak, Senior Panel Counsel appearing for O.P.1 Mr.Manmaya Kumar Dash, Additional Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO

ORDER

Order No.

17.09.2025

This matter is taken up through hybrid mode. 2 . The Petitioner in this writ petition prays for the following relief:-

“ It is therefore prayed that, this Hon’ble Court may graciously be pleased:-

(i) To admit this writ application.

(ii) To direct the Opposite Parties (more particularly Competent Authority of (Land Acquisition) N.H.-cumTahasildar, Bangiriposhi to determine the compensation in respect of the acquired Plot 364 over Khata No.107, Mouza-Jagannathkhunta, TahasilBangiriposhi in view of Govt. Guidelines dtd.26.12.2017 issued by Ministry of Road Transport and Highway taking reference to the judgment dtd.11.02.2025 passed in C.S. No.55/153 of 2020-2024 by the 2^nd Additional Civil Judge (Sr. Division), Baripada wherein the declaration is given in favour of the Plaintiff (Petitioner) for his right, title and interest over the Schedule plot No.364 (now under acquisition) and the amount of revised compensation with Rehabilitation benefits be extended in favour of the Petitioner as an affected family defined under section 3(C)(i) of RFCTLA RR Act, 2013.

Any may pass any other order(s)/directions (S) as deemed fit and proper in the interest of justice.”

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Mr. Mohanty, learned counsel for the Petitioner submits that the Competent Authority, Land Acquisition (N.H.)-cumTahasildar, Bangiriposhi (Opposite Party No.4) has not yet finalized the award in respect of acquisition of land of the Petitioner. In the meantime, the Petitioner has obtained an ex parte decree in Civil Suit No.55/153 of 2020-2024 in the Court of learned Second Additional Civil Judge (Senior Division), Baripada.

If that be so, the Petitioner may pursue his case before the Competent Authority, Land Acquisition (N.H.)-cumTahasildar, Bangiriposhi (Opposite Party No.4), provided the land acquisition proceeding is still pending with the Competent Authority, Land Acquisition (N.H.), Bangiriposhi.

Hence, the writ application is disposed of with an observation that if no award has yet been passed in respect of the acquisition of land, in question, the Petitioner may pursue his remedy before the Competent Authority, Land Acquisition (N.H.)-cum-Tahasildar, Bangiriposhi (Opposite Party No.4) for redressal of his grievance.

(K.R. Mohapatra) Judge

(Savitri Ratho) Judge

Signature Not Verified Himansu

Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 18-Sep-2025 18:29:55

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