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Nirmal Singh v. State of Odisha

Orissa HC11 Feb 2025WP(C)/2450/2025

Case brief

AI extract

What is this about?

Orissa High Court; WP(C) No.2450 of 2025; Nirmal Singh v. State of Odisha; land compensation; 400 KV Sahajbahal-Sundargarh transmission line; Ministry of Power SOP; OPTCL; JSW Energy (Utkal) Ltd; pending representation; Collector & District Magistrate Jharsuguda; disposed at admission stage; six weeks; speaking and reasoned order.

What did the court decide?

Direction to Opposite Party No.3 (Collector & District Magistrate, Jharsuguda) to consider the Petitioner's representation under Annexure-2 keeping in view Annexure-3 within six weeks from production of certified copy of the order, to dispose of it by a speaking and reasoned order, and to communicate the decision to the Petitioner within two weeks thereafter. ¶27

Nirmal Singh 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 Opposite Parties should be directed to assess and award compensation for loss of land caused by the installation of the 400 KV (Sahajbahal-Sundargarh) transmission line, taking into consideration the SOP issued by the Ministry of Power (Annexure-3). +1 more

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Ratio / Principle

Considering the limited nature of the Petitioner's grievance, the writ application was disposed of at the stage of admission.

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Key takeaways

Opposite Party No.3 was directed to consider the Petitioner's representation under Annexure-2 keeping in view Annexure-3.ratio¶25
The consideration of the representation was to be completed within six weeks from the date of production of certified copy of the order.ratio¶25
Opposite Party No.3 was to dispose of the representation by passing a speaking and reasoned order.ratio

Detailed headnote1 paragraphs

Writ Petition (Civil) — Nirmal Singh v. State of Odisha and others — High Court of Orissa at Cuttack, order dated 11.02.2025 (A.K. Mohapatra, J.). The Petitioner sought a direction to the Opposite Parties to assess and award compensation for loss of land due to installation of the 400 KV (Sahajbahal-Sundargarh) transmission line, taking into consideration the SOP issued by the Ministry of Power (Annexure-3); his representation (Annexure-2) before the Collector & District Magistrate, Jharsuguda (Opposite Party No.3) was pending. The writ application was disposed of at the stage of admission: Opposite Party No.3 was directed to consider the representation keeping in view Annexure-3 within six weeks from production of certified copy of the order, to dispose of it by a speaking and reasoned order, and to communicate the decision to the Petitioner within two weeks thereafter.

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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.2450 of 2025

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Nirmal Singh

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..... Petitioner

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Represented By Adv. - Chiranjeev Bidyabhushan

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-versus-

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1) State Of Odisha .....

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Manager, Optcl

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Collector And Dist.magistrate

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Opposite Parties

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Represented By Adv. – Mr. M.R. Patra, A.S.C.

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1. Manager, Jsw Energy(utkal) Ltd

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

11.02.2025

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties.

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The Petitioner has filed the present writ application with the following prayer:

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“The petitioner therefore most humbly prays that your Lordship would be graciously pleased to admit the Writ Petition, call for the records (if any), and after hearing allow the petition by directing the Opposite Parties to assess & award compensation for loss of land due to the installation of 400 KV (Sahajbahal-Sundargarh) transmission line keeping in consideration the SOP issued by Ministry of Power. (Annexure-3).

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Any other order as Your Lordship deems fit & just in the facts & circumstances of the case.”

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Page 1 of 3.

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In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the Collector & District Magistrate, Jharsuguda, At/P.O- OMP Line, PS/Dist.Jharsuguda, Odisha, Opposite Party No.3 under Annexure-2. It is also submitted by the learned counsel for the Petitioner that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the Opposite Party No.3 to consider the representation of the Petitioner under Annexure-2 within a stipulated period of time.

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Learned Additional Standing Counsel submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.3, which is stated to be pending, in accordance with law within a stipulated period of time.

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Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the Opposite Party No.3 to consider the representation of the Petitioner under Annexure-2 keeping in view under Annexure-3 within a period of six weeks from the date of production of certified copy of this order. The Opposite Party No.3 shall do well to dispose of the representation of the Petitioner under Annexure-2 by passing a speaking and reasoned order. The decision so taken by the Opposite Party No.3 be also communicated to the Petitioner within two weeks thereafter.

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Page 2 of 3.

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