Ratikanta Samantaray v. State of Odisha

Orissa HC19 Feb 2026WP(C)/1868/2026

Case brief

AI extract

What is this about?

National Highways Act 1956; Section 3-G(5) compensation remedy; Section 3-H(4) reference to Civil Court; NHAI acquisition Mundaamba Mouza Khurda; compensation for structures on Government land; Competent Authority Land Acquisition refusal; writ petition withdrawn; High Court of Orissa at Cuttack; Ratikanta Samantaray v. State of Odisha; W.P.(C) No.1868 of 2026.

What did the court decide?

Writ petition withdrawn; Petitioner at liberty to pursue remedy under Section 3-G(5) of the Act. ¶¶26

Ratikanta Samantaray Vs State of Odisha — Orissa HC (2026) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.1868 OF 2026

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Ratikanta Samantaray

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Petitioner

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Mr. Ajaya Kumar Moharana, Advocate

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-versus-

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State of Odisha and Others

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…. Opp. Parties

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Mr. Swayambhu Mishra, Additional Standing Counsel

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CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA

ORDER

Order No.

19.02.2026

This matter is taken up through hybrid mode.

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Petitioner, in this writ petition, prays for the following relief:-

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“ In the circumstances mentioned above, it is therefore prayed that this Hon'ble Court may kindly be pleased to admit the writ petition, to issue rule NISI, calling upon the opp.parties to show cause, as to why the petitioner shall not be provided with adequate compensation for acquisition of the three storied commercial building situated over case land under Khata No.456, Plot No.269, area Ac.O.065 dec. status-Gharabari, Mouza-Mundaamba, Tahasil/Dist.Khurda as calculated by the scrutiny committee in the abstract list for mouza- Mundamba & the other structure standing over the same.

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And if the opposite parties fail to show cause or show insufficient cause to make the said Rule absolute by issuing an appropriate writ (s)/ order (s)/direction (s) as this Hon'ble Court deems just and proper according to the facts and circumstances of the present case.

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And may pass any other order (s) as this Hon'ble Court thinks fit and proper.

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And for which act of kindness the petitioner as in duty bound shall ever pray.”

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Page 1 of 2

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Learned counsel for the Petitioner submits that for acquisition of the private land of the Petitioner pertaining to Plot No.269/1967 under Khata No.369/68 to an extent of Ac.0.100 dec. of Mouza-Mundaamba by the National Highways Authority, compensation has been awarded. Since the Bank raised an objection for release of compensation in favour of the Petitioner, the matter has been referred to the Civil Court under Section 3-H(4) of the National Highways Act, 1956 (for brevity, ‘the Act’).

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However, in addition to the above, the Petitioner has also occupied a piece of Government land over Plot No.269 under Khata No.456 to an extent of Ac.0.065 dec under Mundaamba Mouza in the district of Khurda. Although the Petitioner is not entitled to compensation for acquisition of land but he is entitled to compensation for structures standing thereon.

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While considering the case, the Competent Authority, Land Acquisition under the Act refused to grant compensation as it is a Government land.

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Hence, Mr. Maharana, learned counsel for the Petitioner prays for withdrawal of the writ petition to seek remedy under Section 3-G(5) of the Act.

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In view of the above, this Court without expressing any opinion on the merits of the case in the petition, if any, to be filed under Section 3-G(5) of the Act, disposes of the writ petition as withdrawn.

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Signature Not Verified

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Digitally Signed Signed by: HIMANSU SEKHAR DASH Designation: Personal Assistant Reason: Authentication Location: OHC Date: 20-Feb-2026 11:58:48

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(K.R. Mohapatra) Judge

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Himansu

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Page 2 of 2

Ratikanta Samantaray v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ratikanta Samantaray v. State of Odisha

Case brief

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