Niranjan Sahu Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Niranjan Sahu Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction: upon the Petitioners filing a properly constituted application under Section 3-G(5) of the National Highways Act, 1956 before the Collector-cum-Arbitrator (National Highways), Deogarh within two weeks, the same shall be considered in accordance with law, providing opportunity of hearing to the parties concerned; urgent certified copy to be granted on proper application.

Issue for consideration

Whether the Court should direct the Collector-cum-Arbitrator (under the National Highways Act), Deogarh, to take a decision on the Petitioners' application under Annexure-2. +1 more

Court's answer

The Court disposed of the writ petition with a direction that if the Petitioners file a properly constituted application under Section 3-G(5) of the Act before the Collector-cum-Arbitrator (National Highways), Deogarh within two weeks, the same shall be considered in accordance with law providing opportunity of hearing to the parties concerned.

Key takeaways

The Court expressly recorded that it was disposing of the writ petition without expressing any opinion on the merit of the case of the Petitioners.obiter¶29

Detailed headnote1 paragraphs

National Highways Act, 1956 – S. 3-G(5) – enhancement and release of compensation – Writ disposed of with a direction: if the five Petitioners file a properly constituted application under S. 3-G(5) before the Collector-cum-Arbitrator (National Highways), Deogarh within two weeks, the same shall be considered in accordance with law with opportunity of hearing. Land under Plot Nos. 381 (Ac. 0.59 decimals) and 387 (Ac. 0.10 decimals), Khata No. 306, Mouza-Kalla was acquired for National Highway construction (LA Case No. 121 of 2016); compensation was assessed at Rs. 22,26,667/- but the Tahasildar, Barkot undertook to pay only Rs. 2,71,000/- per decimal, which remained unpaid. Opposing counsel contended the Annexure-2 application was not a S. 3-G(5) filing; the Court expressly left the merits untouched.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No. 25080 of 2025

1. Niranjan Sahu

2. Biswanath Sahu

3. Sanatan Sahu

4. Jyoshnamayee Sahu

5. Jagabandhu Sahu

…. Petitioners

Mr. Purna Chandra Mishra, Advocate

-versus-

1. State of Odisha, represented through Commissioner -cumSecretary, Revenue Department, Orissa Secretariate, Bhubaneswar

2. Collector-cum-Arbitrator, Deogarh

3. The Tahasildar -cum- Authorized Officer, Barkot, Deogarh

…. Opp. Parties

Mr. Swayambhu Mishra,

Additional Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO

ORDER

Order No.

13.10.2025

This matter is taken up through hybrid mode.

Petitioners in this writ petition pray for a direction to the Collector -cum- Arbitrator, under the National Highways Act, in the district of Deogarh, to take a decision on their application under Annexure-2.

Mr. Mishra, learned counsel for the Petitioners submits that for construction of the National Highway, Plot No. 381 to an extent of Ac. 0.59 decimals and Plot No. 387 to an extent of Ac. 0.10 decimals under Khata No. 306 of Mouza- Kalla recorded in their names were acquired. LA Case No. 121 of 2016 was initiated for award of adequate compensation. Although the compensation was assessed at Rs.22,26,667/-, but the Tahasildar, Barkot declared that

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he would pay only Rs. 2,71,000/- per decimal. That amount has also not been paid to the Petitioners as yet. Hence, he filed an application under Section 3-G(5) of the National Highways Act, 1956 (for brevity ‘the Act’) for enhancement of compensation and to release the same in favour of the Petitioners. No decision has yet been taken on the same. Hence, this writ petition has been filed.

Mr. Mishra, learned Additional Standing Counsel vehemently objects to the prayer made by learned counsel for the Petitioners. He strenuously argued that the petition at Annexure-2 does not appear to be an application under Section 3-G(5) of the Act and there is no material to show that it has been filed. Thus, the Collector -cum- Arbitrator (National Highways), Deogarh cannot take any decision of the same. He therefore prays for dismissal of the writ petition.

Considering the submission made by learned counsel for the parties, this Court without expressing any opinion on the merit of the case of the Petitioners, disposes of the writ petition with a direction that in the event the Petitioners file a properly constituted application under Section 3-G(5) of the Act before the Collector - cum- Arbitrator (National Highways) , Deogarh within a period of two weeks hence, the same shall be considered in accordance with law providing opportunity of hearing to the parties concerned.

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

(K.R. Mohapatra) Judge

Signature Not Verified

Digitally Signed Sukanta Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 14-Oct-2025 18:54:20

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