Disposed¶28

Kamalini Senapati v. Union of India

Orissa HC10 Apr 2025WP(C)/5268/2025

Case brief

AI extract

What is this about?

National Highways Act 1956; Section 3G(5); land acquisition compensation; market valuation; valuation report 27.11.2023; sale deed 18.11.2021; Annexure-4 Series; Collector Boudh; arbitrator appointed by Central Government; withdrawal of writ petition; Kamalini Senapati; Union of India; W.P.(C) No.5268 of 2025; High Court of Orissa at Cuttack; S.K. Sahoo; Chittaranjan Dash; order dated 10.04.2025.

What did the court decide?

Permission to withdraw the writ petition and approach the appropriate authority for necessary relief; urgent certified copy ordered as per Rules. ¶28

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

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition and approach the appropriate authority for necessary relief; urgent certified copy ordered as per Rules.

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Issue for consideration

Whether proper valuation of the petitioner's land and building (Plot No.97, Khata No.155/404, Ac. 0.02 Dec., Mouza Deuli) shall be made by the authorities according to the present market valuation given by the petitioner (valuation report dated 27.11.2023 and sale deed dated 18.11.2021, Annexure-4 Series), and whether the Court should direct acceptance of that valuation report and payment of balance compensation after deducting the compensation already paid by the opposite parties.

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Court's answer

In view of the arbitration provision in Section 3G(5) of the National Highways Act, 1956 (whereby a determined amount unacceptable to either party is to be determined by an arbitrator appointed by the Central Government), the Court permitted the petitioner to withdraw the writ petition and approach the appropriate authority for necessary relief.

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Detailed headnote1 paragraphs

W.P.(C) No.5268 of 2025, High Court of Orissa at Cuttack (coram: S.K. Sahoo and Chittaranjan Dash, JJ.; order dated 10.04.2025): Petitioner Kamalini Senapati sought show-cause/directions that proper valuation of her land and building (Plot No.97, Khata No.155/404, Ac. 0.02 Dec., Mouza Deuli, P.S. Manamunda) be made per present market valuation supported by a valuation report dated 27.11.2023 and sale deed dated 18.11.2021 (Annexure-4 Series), and that the opposite parties be directed to accept the valuation report and pay balance compensation after deducting compensation already paid. Having regard to Section 3G(5) of the National Highways Act, 1956, under which an amount determined by the competent authority that is not acceptable to either party shall, on application, be determined by an arbitrator appointed by the Central Government, the Court granted permission to withdraw the writ petition so that the petitioner could approach the appropriate authority for necessary relief. The writ petition stands disposed of as withdrawn; urgent certified copy ordered as per Rules. No merits decision was rendered on valuation or quantum.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.5268 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, Khata No-155/404 Measuring an total

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Page 1 of 3

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area Ac. 0.02 Dec. of Mouza - Deuli, P.S.Manamunda, P.S.No-111 Kisama- 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 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