JUDGMENT :

B.S. Chauhan, C.J. - The case has a checkered history as the Petitioner had earlier approached this Court through the "Rourkela Local Displaced Association" & had challenged the land acquisition proceeding. The said petition was dismissed. The Association approached the Hon'ble Supreme Court & the Apex Court made certain observations on the basis of which the present petition has been filed.

2. This Writ Petition has been filed challenging the constitutional validity of the provisions of the "Orissa Development of Industries, Irrigation, Capital Construction and Resettlement of Displaced persons (Land Acquisition Act) Act, 1948" (hereinafter referred to as the "Act") on the grounds that the provisions providing for acquisition of land under the said Act had been violative of the provisions of Article 19(1)(f) of the Constitution of India and after amendment of the Constitution of Articles 31A and 300A of the Constitution of India and as a consequence, seeking declaration that any acquisition made under the said Act is null and void. Further, relief has been sought to retain the land possessed by the Petitioner as it has not been utilized for the purpose it stood acquired.

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