Disposed¶37

Jogeshwor Sing @ Jageshwar Sing v. State of Odisha

Orissa HC11 Apr 2025WP(C)/4167/2025

Case brief

AI extract

What is this about?

Land acquisition compensation re-estimation; Govt. Bench Mark Valuation and nearest vicinity area; Section 64 RFCTLARR Act 2013 — written application to Collector for reference to Authority; Annexure-6 representation dated 15.10.2024; Zone Officer-cum-L.A. Collector, S.I.P. (Baripada Zone-I), Mayurbhanj; no written application under S.64 filed (admitted); writ petition withdrawn with liberty to approach appropriate authority; urgent certified copy; High Court of Orissa at Cuttack; W.P.(C) No.4167 of 2025; S.K. Sahoo; Chittaranjan Dash; order dated 11.04.2025.

What did the court decide?

Writ petition disposed of as withdrawn with liberty to the petitioners to file such application before the appropriate authority; urgent certified copy to be issued as per Rules. ¶37

Jogeshwor Sing @ Jageshwar Sing Vs State of Odisha — Land Acquisition | Orissa HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of as withdrawn with liberty to the petitioners to file such application before the appropriate authority; urgent certified copy to be issued as per Rules.

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Issue for consideration

Whether the Court should direct the opposite parties to take necessary action regarding consideration of the petitioners' representation under Annexure-6 and re-estimate the quantum of compensation as per the Govt. Bench Mark Valuation and nearest vicinity area. +1 more

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Ratio / Principle

In view of learned counsel's submission, the writ petition stands disposed of as withdrawn, with liberty granted to the petitioners to file such application before the appropriate authority.

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Key takeaways

The Court recorded the admitted position that the petitioners had not submitted any written application in terms of Section 64 of the 2013 Act; this prompted counsel to seek permission to withdraw the petition rather than pursue adjudication on merits.obiter¶33

Detailed headnote1 paragraphs

W.P.(C) No.4167 of 2025, High Court of Orissa at Cuttack (S.K. Sahoo & Chittaranjan Dash, JJ.), order dated 11.04.2025 — Land acquisition compensation. Petitioners sought a direction to the opposite parties to take necessary action on their representation dated 15.10.2024 (Annexure-6) pending before the Zone Officer-cum-L.A. Collector, S.I.P. (Baripada Zone-I), Mayurbhanj (Opposite Party No.2), and to re-estimate the quantum of compensation as per the Govt. Bench Mark Valuation and nearest vicinity area. The Court reproduced Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (reference of objections to an award to the Authority; Collector to make reference within thirty days; time-limits for applications) and observed that, admittedly, the petitioners had not submitted any written application in terms of Section 64 of the 2013 Act. Learned counsel thereupon sought permission to withdraw the writ petition to file a proper application before the appropriate authority. Disposition: writ petition disposed of as withdrawn, with liberty to file such application before the appropriate authority; urgent certified copy as per Rules.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.4167 of 2025

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Jogeshwor Sing @ Jageshwar Sing and others

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….. Petitioners

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Mr. Manoj Ojha, Advocate

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- versus -

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State of Orissa and others

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..... Opp. Parties

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Mr. T.K. Dash, Addl. Govt. Advocate

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CORAM:

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

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THE HON'BLE MR. JUSTICE CHITTARANJAN DASH

ORDER

Order No.

11.04.2025

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

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Heard.

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This writ petition has been filed by the petitioners with the following prayer:-

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“It is, therefore prayed that, this Hon'ble Court may graciously be pleased to admit this Writ petition, issue notice to the opp. parties and after hearing from the parties, issue a Writ in the nature of certiorari or any other suitable form of writ and may kindly direct to the opp. parties to take necessary action

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regarding consideration of the representation under Annexure-6 and re-estimate the quantum of the compensation amount as per the Govt. Bench Mark Valuation and nearest vicinity area for the interest of justice.”

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Learned counsel for the petitioners submitted that a representation in that connection has been made by the petitioners under Annexure-6, which is dated 15.10.2024 before the Zone Officer -cum- L.A. Collector, S.I.P. (Baripada Zone-I), Mayurbhanj, opp. party no.2 but the matter has not been referred to the authority.

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Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereafter, “2013 Act”) reads as follows:-

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“(1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Authority, as the case may be, whether his objection be to the measurement of the land, the amount of the compensation, the person to whom it is payable, the rights of Rehabilitation and Resettlement under Chapters V and VI or the apportionment of the compensation among the persons interested:

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Provided that the Collector shall, within a period of thirty days from the date of receipt of application, make a reference to the appropriate Authority:

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Provided further that where the Collector fails to make such reference within the period so specified, the applicant may apply to the Authority, as the case may be, requesting it to direct the Collector to make the reference to it within a period of thirty days.

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(2) The application shall state the grounds on which objection to the award is taken:

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Provided that every such application shall be made-

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(a) if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector’s award;

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(b) in other cases, within six weeks of the receipt of the notice from the Collector under section 21, or within six months from the date of the Collector’s award, whichever period shall first expire:

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Provided further that the Collector may entertain an application after the expiry of the said period, within a further period of one year, if he is satisfied that there was sufficient cause for not filing it within the period specified in the first proviso.”

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Admittedly, the petitioners have not submitted any written application in terms of the provision under section 64 of the 2013 Act.

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Learned counsel for the petitioners seeks permission of this Court to withdraw this writ petition to file a proper

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application before the appropriate authority.

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In view of such submission, the writ petition stands disposed of as withdrawn granting liberty to the petitioners to file such application before the appropriate authority.

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Issue urgent certified copy as per Rules.

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( S.K. Sahoo)

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Judge

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(Chittaranjan Dash) Judge

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Pravakar

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Signature Not Verified