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2012 Supreme(Ori) 125

V.GOPALA GOWDA, B.N.MAHAPATRA
Rajkumar Gunawant, Son of Mathura Dutt Gunawant, Village: Barbil (Punjabi para) PO: Barbil, Dist: Keonjhar – Appellant
Versus
State of Orissa – Respondent


Advocates appeared:
For Petitioners: M/s. H.S.Mishra, A.K.Mishra, T.K.Sahoo & S.S.Rao
For opp. parties :M/s J.Patnaik, Sr. Advocate B.Mohanty, T.K.Patnaik, A.Patnaik, S.Patnaik & R.P.Ray (For O.P. No.5) M/s S.K.Padhi, M.Padhi, A.Das & B.Panigrahi (For O.P. No.6) M/s J. Pal, Md. G.Madani, B.K.Mishra & G.N.Rana (For O.P. No.7)

JUDGMENT

B.N. Mahapatra, J.

This writ petition has been filed with a prayer for quashing Notification dated 05.02.2008 (Annexure-4/1) issued by opposite party no.3-Additional District Collector, Keonjhar under Section 4(1) read with Section 17(4) of the Land Acquisition Act, 1894 (for short, “the L.A. Act”) for acquiring Ac.18.999 decimals of land belonging to various persons in village Matkembeda and Notification dated 26.02.2009 (Annexure-5) issued by the Joint Secretary (Administration) under Section 6(1) of the L.A. Act. The petitioners further pray to direct opposite party No.2-Collector & District Magistrate, Keonjhar and opposite party No.4-Special Land Acquisition Officer, Keonjhar to allow the application dated 30.03.2009 (Annexure-6) and direct opposite parties to exclude the petitioner’s land covered under Notification issued under Annexure-5 or in the alternative to dispose of the application of the petitioners under Annexure-6 within a stipulated period.

2. Petitioners’ case in a nutshell is that on 24.11.2006, opposite party no.7-M/s Aryan Iron and Steel Co. Pvt. Ltd. (for short, ‘Comlpany’) made an application to opposite party No.6-Industrial Promotion & Investment







































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