Disposed¶30

Kamalini Senapati v. Union of India

Orissa HC4 Apr 2025WP(C)/5018/2025

Case brief

AI extract

What is this about?

Orissa High Court writ petition disposed of as withdrawn; Section 3G(5) National Highways Act 1956; compensation for land/building acquired for national highway purposes; redetermination of compensation by arbitrator appointed by Central Government; NH/HN authorities valuation dispute; valuation report 27.11.2023; sale deed 18.11.2021; representations to Collector, Boudh; Kamalini Senapati v. Union of India; W.P.(C) No.5018 of 2025; withdrawal permitted to pursue statutory arbitration remedy.

What did the court decide?

Permission to withdraw the writ petition to seek necessary relief from the appropriate authority under Section 3G(5) of the National Highways Act, 1956; urgent certified copy directed to be issued as per Rules. ¶30

Kamalini Senapati Vs Union of India — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the HN authorities shall make proper valuation of the petitioner's land and building (Plot No.100, Khata No.155/406, measuring Ac.0.03 Dec., Mouza Deuli, P.S. Manamunda, Kissam Gharabadi) according to the present market valuation per her valuation report dated 27.11.2023 and sale deed dated 18.11.2021, and whether the opposite parties shall accept that valuation report and pay the balance compensation after deducting the amount allegedly already paid.

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Court's answer

Having regard to Section 3G(5) of the National Highways Act, 1956, the Court granted the petitioner permission to withdraw the writ petition to approach the appropriate authority for necessary relief, and the writ petition stands disposed of as withdrawn.

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Detailed headnote1 paragraphs

Orissa High Court, W.P.(C) No.5018 of 2025 (Kamalini Senapati v. Union of India and others), disposed of as withdrawn on 04.04.2025 (S.K. Sahoo and Chittaranjan Dash, JJ.). The petitioner had prayed that the HN authorities be directed to make proper valuation of her land and building at Plot No.100, Khata No.155/406 (Ac.0.03 Dec.), Mouza Deuli, P.S. Manamunda, per her valuation report dated 27.11.2023 and sale deed dated 18.11.2021 (Annexure-4 Series), to accept that valuation and pay balance compensation after deducting amounts allegedly already paid; representations had been made to the Collector, Boudh. Counsel, invoking Section 3G(5) of the National Highways Act, 1956 (under which an amount determined by the competent authority that is unacceptable to either party is to be determined by an arbitrator appointed by the Central Government), sought leave to withdraw and approach the appropriate authority. Permission was granted and the writ petition was disposed of as withdrawn, with urgent certified copy directed as per Rules.

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.5018 of 2025

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Kamalini Senapati

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….. 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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Mr. Mahendra Kumar Pradhan, Senior Panel Counsel, Union of India

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Mr. Goutam Tripathy, 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

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ORDER

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Order No. 04.04.2025

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

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Heard.

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Signature Not Verified

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Digitally Signed Signed by: SIPUN BEHERA Designation: Senior StenographerReason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 05-Apr-2025 14:15:51

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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-

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Page 1 of 3

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100, Khata No-155/406, measuring an total area Ac.0.03 Dec. of Mouza - Deuli, P.S.Manamunda, P.S.No-111, Kissam- Gharabadi 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

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Page 2 of 3

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relief.

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Permission is granted. 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