Disposed¶20

Sukanta Kumar Jena v. State of Odisha

Orissa HC6 Mar 2025WP(C)/19265/2022

Case brief

AI extract

What is this about?

Land acquisition – release of plots following realignment of Baitarani Right Bank Canal; writ petition disposed of as nothing remained to be decided after canal diverted away from petitioner's land (Plot No.1824/6630/7256 and Plot No.1824/7008, Khata No.364/777, village Sailong, Ghasipura Tahasil, Keonjhar); challenge to notification dated 06.04.2022 (Annexure-4); Special Land Acquisition Officer, Anandapur Barrage Project, Salapada (OP No.5) to effect release; interim order vacated.

What did the court decide?

Writ petition disposed of in view of realignment of the Baitarani Right Bank Canal away from the petitioner's land; Special Land Acquisition Officer, Anandapur Barrage Project, Salapada (opposite party No.5) directed to take follow-up action to release Plot No.1824/6630/7256 and Plot No.1824/7008 from land acquisition; interim order vacated.

Sukanta Kumar Jena Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the notification dated 06.04.2022 under Annexure-4 in respect of the petitioner's land and building (Plot No.1824/6630/7256 and Plot No.1824/7008, Khata No.364/777, village Sailong, Ghasipura Tahasil, district Keonjhar) should be quashed.

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Court's answer

Since the canal alignment has been changed such that the petitioner's two plots will not be utilised for construction of the canal, nothing remains to be decided in the writ petition, which is accordingly disposed of.

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Ratio / Principle

In view of the additional affidavit, follow-up action shall be taken by the Special Land Acquisition Officer, Anandapur Barrage Project, Salapada (opposite party No.5) for releasing the petitioner's two plots from the land acquisition.

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Key takeaways

The interim order passed earlier stands vacated.ratio¶21

Detailed headnote1 paragraphs

Orissa High Court (S.K. Sahoo & Savitri Ratho, JJ.) disposed of W.P.(C) No.19265 of 2022 (Sukanta Kumar Jena v. State of Odisha and others) by order dated 06.03.2025. Per an additional affidavit of opposite parties No.2 and 5, the proposed Baitarani Right Bank Canal, earlier aligned through the petitioner's land and building (Plot No.1824/6630/7256 and Plot No.1824/7008, Khata No.364/777, village Sailong, Ghasipura Tahasil, Keonjhar), has been realigned at the petitioner's instance pursuant to letter No.2312 dated 27.12.2024 of the Superintending Engineer, Anandpur Canal Division, Salapada, with approval of the Chief Construction Engineer, Anandpur Barrage Project, Salapada, so that the canal will not pass through the said plots. Since nothing remained to be decided, the petition challenging the notification dated 06.04.2022 (Annexure-4) was disposed of; the Special Land Acquisition Officer, Anandapur Barrage Project, Salapada (opposite party No.5) was directed to take follow-up action for releasing the two plots from land acquisition; and the interim order earlier passed stood vacated. No statute or precedent was cited in the order.

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.19265 of 2022

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Sukanta Kumar Jena

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… Petitioner

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Mr.Upendra Kumar Samal, Advocate

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-versus-

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State of Odisha and others

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… Opposite Parties Mr.P.S.Nayak, AGA

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CORAM:

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THE HON’BLE MR.JUSTICE S.K.SAHOO THE HON’BLE MS. JUSTICE SAVITRI RATHO

ORDER

Order No.

06.03.2025

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

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This writ petition has been filed by the petitioner-Sukanta Kumar Jena with a prayer to quash the notification dated 06.04.2022 under Annexure-4 in respect of the land and building of the petitioner which appertains to Plot No.1824/6630/7256 and Plot No.1824/7008 under Khata No.364/777 of village: Sailong under Ghasipura Tahasil in the district of Keonjhar.

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An additional affidavit has been filed by opposite parties No.2 and 5, wherein at paragraph-4, it is stated as follows:

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“That, it is humbly submitted that initially the proposed canal (i.e., Baitarani Right Bank Canal) was supposed to pass through the case land and building of the petitioner. In the meantime, taking into consideration the feasibility and as per the prayer of the petitioner (i.e. to change the alignment of the canal ), the Superintending Engineer, Anandpur Canal Division Salapada vide his letter No.2312 dated 27.12.2024 has requested the higher authority, i.e., the Chief Construction Engineer, Anandpur Barrage Project,

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Page 1 of 2

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Salapada for realignment of the canal along with the sketch map. The Chief Construction Engineer, Anandpur Barrage Project, Salapada has approved the same on 05.01.2024. After approval of such realignment, canal route will be diverted and will not pass through the land and building of the petitioner, which stands over Plot No.1824/6630/7256 and Plot No. 1824/7008 under Khata No.364/777 under Gahaipura Tahasil.”

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Learned counsel for the petitioner submits that since the alignment of the canal has been changed and as per the additional affidavit the aforesaid two plots of the land are not to be utilized for the purpose of construction of the canal, the writ petition may be disposed of.

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Considering the submissions made, since nothing remains to be decided in this writ petition, the writ petition is disposed of as such.

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The interim order passed earlier stands vacated.

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In view of the additional affidavit filed, the follow up action shall be taken by the Special Land Acquisition Officer, Anandapur Barrrage Project, Salapada (opposite party No.5) for releasing the two plots of the petitioner as mentioned above from the land acquisition.

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(S.K.Sahoo) Judge

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(Savitri Ratho)

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Judge

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Bichi

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Signature Not Verified

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Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Secretary Reason: Authentication Location: Orissa High Court Date: 06-Mar-2025 19:04:36