Disposed¶22

Krisnachandra Parida v. Collector Cum D.M. Jagatsinghpur

Orissa HC20 Feb 2025WP(C)/2162/2025

Case brief

AI extract

What is this about?

Writ petition disposed of with liberty to approach Competent Authority under Section 3G(5) National Highways Act 1956; arbitration proceeding not initiated by Collector-cum-District Magistrate, Jagatsinghpur; enhanced compensation; benchmark valuation and market rate; Rs.7,500/- credited; Annexure-3 application not in proper form; petitioners withdrew to file fresh application; High Court of Orissa at Cuttack; S.K. Sahoo and Savitri Ratho JJ.; order dated 20.02.2025.

What did the court decide?

Liberty granted to the petitioners to file appropriate application before the Competent Authority; urgent certified copy of the order directed to be issued. ¶22

Krisnachandra Parida Vs Collector Cum D.M. Jagatsinghpur — Orissa HC (2025) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.2162 of 2025

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1. Krisnachandra Parida

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2. Ramesh Kumar Parida

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3. Suryakanta Parida

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4. Ashok Kumar Parida ..... Petitioners

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Represented By Adv. - Mr.Suryakanta Mohapatra

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Advocate.

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-versus-

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Collector-cum-District Magistrate, Jagatsinghpur ..... Opposite Parties Represented By Adv. Mr.Aurobinda Mohanty, Addl. Standing Counsel

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CORAM:

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JUSTICE S.K. SAHOO

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JUSTICE SAVITRI RATHO

Order No.

ORDER

20.02.2025

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

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This writ petition has been filed by the petitionersKrisnachandra Parida, Ramesh Kumar Parida, Suryakanta Parida and Ashok Kumar Parida challenging the inaction of the opposite parties in not initiating arbitration proceeding under Section 3G(5) of National Highways Act, 1956 with a further prayer to initiate such arbitration proceeding and to disburse the enhanced compensation in favour of the petitioners by taking into account the bench mark valuation and market rate.

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In the writ petition, an averment has been taken in paragraph-4 that an amount of Rs.7,500/- (Rupees Seven

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Page 1 of 2

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Thousand Five Hundred) was credited to the account of the petitioners, which was not at par with the proposed rate, which was computed by taking into account the bench mark valuation and market value of the property.

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Learned counsel for the petitioners submits that though an application under Annexrue-3 has been made for determination of the adequate compensation amount, but the said application under Annexrue-3 is not in proper form and in terms of Section 3G(5) of the N.H. Act, 1956, the application has to be made to the Competent Authority, who can decide the same in accordance with law. He further submits that the petitioners intend to withdraw this writ petition in order to file appropriate application before the Competent Authority in terms of Section 3G(5) of N.H. Act, 1956.

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In view of the above, the writ petition stands disposed of granting liberty to the petitioners to file appropriate application before the Competent Authority.

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Issue urgent certified copy of this order.

(S.K. Sahoo)

Judge

(S.Ratho)

Judge

Basu

Signature Not Verified

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Digitally Signed Signed by: BASUDEV NAYAK Designation: ASST. REGISTRAR-CUM-SR. SECRETARY Reason: Authentication Location: HIGH COURT OF ORISSA : CUTTACK Date: 04-Mar-2025 11:38:44

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Krisnachandra Parida v. Collector Cum D.M. Jagatsinghpur

Case brief

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Krisnachandra Parida v. Collector Cum D.M. Jagatsinghpur

Case brief

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What the court decided

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