Kamalini Senapati v. Union of India

Orissa HC10 Apr 2025WP(C)/4972/2025

Case brief

AI extract

What is this about?

Kamalini Senapati v. Union of India and others, W.P.(C) No.4972 of 2025, High Court of Orissa at Cuttack, order dated 10.04.2025 (S.K. Sahoo and Chittaranjan Dash, JJ.). Land/compensation valuation dispute before NH authorities; writ petition withdrawn with liberty to seek determination of compensation by arbitrator under Section 3G(5), National Highways Act, 1956.

What did the court decide?

Permission granted to withdraw the writ petition, enabling the petitioner to approach the appropriate authority (arbitration route under Section 3G(5) of the National Highways Act, 1956) for necessary relief. ¶¶28

Kamalini Senapati Vs Union of India — 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.4972 of 2025

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Kamalini Senapati ….. Petitioner

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Mr. Bibhuti Bhusan Panda, Advocate

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- versus -

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Union of India and others

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..... Opp. Parties

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Ms.Sanghamitra Rajaguru Senior Panel Counsel, Govt. of India Mr.Satyabrata Mohanty, Addl. Government Advocate

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CORAM:

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

ORDER

Order No.

10.04.2025

This matter is taken up through Hybrid

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arrangement (video conferencing/physical mode).

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Heard.

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The petitioner, Kamalini Senapati has filed with writ petition with the following prayer:-

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“That, the petitioner humbly prays that your Lordship’s may graciously be pleased to admit the writ application, issue notice to the opp. parties and calling upon them to file show cause as to why the proper valuation of the land and building situated under plot No.97/583, Khata No-155/404 Measuring an

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Page 1 of 3

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total area Ac. 0.03 Dec. of Mouza - Deuli, P.S.-Manamunda, P.S.No-111 KisamaGharabadi shall not be made by the HN authorities according to the present market valuation given by the petitioner as per the valuation report Dated.27.11.2023 and sale deed Dated.18.11.2021 under Annexure-4 Series and if Opp. Parties does not file show cause or insufficient cause, this Court would be pleased to direct the Opp. Parties to accept the valuation report submitted by the petitioner under Annexure-4 Series and to pay the balance amount of compensation deducting the amount of alleged compensation which the Opp. Parties has paid to the petitioner.

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i) To allow the writ application with cost.”

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Learned counsel for the petitioner submitted that some representations in that respect have been filed before the Collector, Boudh, opp. party no.4.

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Section 3G(5) of National Highways Act, 1956 reads as follows:-

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“If the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government.”

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In view of such provision, learned counsel for the petitioner seeks permission to withdraw the writ petition to approach the appropriate authority for necessary relief.

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Page 2 of 3

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Permission is granted.

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Accordingly, the writ petition stands disposed of as withdrawn.

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Issue urgent certified copy as per Rules.

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( S.K. Sahoo)

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Judge