Disposed¶22

Subash Rout v. State of Odisha

Orissa HC8 Apr 2025WP(C)/3054/2025

Case brief

AI extract

What is this about?

Orissa High Court writ petition W.P.(C) 3054/2025 (decided 08.04.2025): refusal/decline to compel N.H.-57 Daspalla Bypass land acquisition and compensation; approach-road claim relegated to alternative remedy; writ disposed of; background of unanswered representation to Collector & DM, Nayagarh dated 24.12.2024; bench S.K. Sahoo and Chittaranjan Dash.

What did the court decide?

No substantive relief; petitioner left at liberty to seek the approach-road relief before an appropriate Court. ¶22

Subash Rout Vs State of Odisha — Orissa HC (2025) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.3054 of 2025

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Subash Rout

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…. Petitioner

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Mr. Rashmi Kanta Acharya, Advocate

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-versus-

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State of Odisha and …. Opp. Parties others

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Mr. Tapan Kumar Dash, Addl. Government Advocate

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CORAM: THE HON'BLE MR. JUSTICE S.K. SAHOO

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THE HON'BLE MR. JUSTICE CHITTARANJAN DASH

ORDER

Order No.

08.04.2025

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

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Heard learned counsel for the petitioner and learned counsel for the State.

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This writ petition has been filed by the petitioner Subash Rout with a prayer to direct the opposite parties to acquire the land of the petitioner and pay just and fair compensation at present market rate by following the due procedure of law within a stipulated period of time or in the alternative to provide approach road to the land of the petitioner.

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Learned counsel for the petitioner during course of argument submits that highlighting the grievances, the petitioner has filed a representation under Annexure-3

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Page 1 of 2

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before the Collector and District Magistrate, Nayagarh, opposite party no.2 on 24.12.2024 but no action has been taken thereon.

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However, on looking at the prayer made in the aforesaid representation, we find that the petitioner has asked the Collector and District Magistrate, Nayagarh to take his land under N.H.-57 Daspalla Bypass Land Acquisition process or to give road to his plot No.13/1171, Kisam- Gharabari at Mouza- K.C. Patana.

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So far as the first part of the prayer is concerned, since the discretion lies with the authorities to acquire or not the lands, which would be necessary for construction of N.H.-57 i.e. Daspalla Bypass, this Court cannot compel the authorities to acquire such land. So far as the second part of the prayer of the petitioner is concerned, since alternative remedy lies with the petitioner, he is at liberty to approach the appropriate Court for the said relief.

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In view of the aforesaid observation, the writ petition stands disposed of.

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

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( S.K. Sahoo)

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Judge

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( Chittaranjan Dash)

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Signature Not Verified