Disposed¶22

Ratan Naik v. State of Odisha

Orissa HC28 Jan 2025WP(C)/425/2025

Case brief

AI extract

What is this about?

Odisha High Court 2025; W.P.(C) 425/2025; Section 64(1) RFCTLARR Act 2013; reference of land acquisition compensation application (Annexure-3, dated 02.06.2023); Special Land Acquisition Officer, Lower Suktel Irrigation Project, Bolangir; direction to decide referral within two months and communicate within two weeks; disposed without opinion on merits.

What did the court decide?

Direction to opposite party no.4 to take a decision on referring the petitioner's Annexure-3 application to the competent authority within two months and communicate the order of reference within two weeks of making the reference; writ petition disposed of. ¶22

Ratan Naik Vs State of Odisha — Land Acquisition | Orissa HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether opposite party no.4 should be directed to refer the petitioner's application dated 02.06.2023 under Section 64(1) of the Rights to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Re-Settlement Act, 2013 (Annexure-3) to the competent authority for determination of just and fair compensation.

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Court's answer

The Court directed opposite party no.4 (Special Land Acquisition Officer, Lower Suktel Irrigation Project, Bolangir) to take a decision on referring the petitioner's Annexure-3 application in accordance with law to the competent Authority within two months from receipt of a copy of the order along with a copy of the writ petition, and to communicate the order of reference to the petitioner within two weeks of making the reference.

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Key takeaways

The direction was made without expressing any opinion on the merits of the case; the merits were left open.obiter¶21

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, W.P.(C) No.425 of 2025 (order dated 28.01.2025), Ratan Naik v. State of Odisha and others. The petitioner prayed for a direction to opposite party no.4 to refer his application dated 02.06.2023 under Section 64(1) of the Rights to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Re-Settlement Act, 2013 (Annexure-3) to the competent authority for determination of just and fair compensation, no step having been taken for over a year. Considering the submissions and without expressing any opinion on the merits, the Court directed opposite party no.4 - Special Land Acquisition Officer, Lower Suktel Irrigation Project, Bolangir to take a decision on referring the application in accordance with law to the competent Authority within two months from receipt of a copy of the order along with a copy of the writ petition, and to communicate the order of reference to the petitioner within two weeks of making the reference. Writ petition disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.425 of 2025

¶3

Ratan Naik

¶4

….. Petitioner

Mr. A.K. Sahoo,

Advocate

-versus-

State of Odisha and others

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..... Opp. Parties

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Mr. Aurobinda Mohanty, Addl. Standing Counsel

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CORAM:

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

ORDER

Order No.

28.01.2025

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 with a prayer to direct the opposite party no.4 to refer his application dated 02.06.2023 under section 64(1) of the Rights to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Re-Settlement Act, 2013 vide Annexure-3 to the competent authority for determination of just and fair compensation within a stipulated time.

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Page 1 of 2

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The learned counsel for the petitioner submits that even though more than a year has been passed since the date of making the application, no step has been taken by the opposite party no.4 and therefore, direction may be issued to the opposite party no.4 to refer the application under Annexure-3 to the competent authority for consideration.

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Considering such submissions made and without expressing any opinion on the merits of the case, this Court directs opposite party no.4-Special Land Acquisition Officer, Lower Suktel Irrigation Project, Bolangir to take a decision on referring the application of the petitioner under Annexure-3 in accordance with law to the competent Authority within a period of two months from the date of receipt of a copy of this order along with a copy of the writ petition which will be produced by the petitioner and communicate the order of reference to the petitioner within two weeks of making the reference.

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The writ petition is, accordingly, disposed of.

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Issue urgent certified copy.

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( S.K. Sahoo)

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Judge

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(S.S. Mishra) Judge

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Signature Not Verified

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Digitally Signed Signed by: RAJESH KUMAR BADHEI Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 29-Jan-2025 17:58:42

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Rajesh

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Ratan Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ratan Naik v. State of Odisha

Case brief

What is this about?

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What the court decided

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