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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.Panigrahi, G.Satapathy
Collector and District Magistrate, Jagatsinghpur – Appellant
Versus
Harekrushna Samal – Respondent
| Table of Content |
|---|
| 1. factual background on land acquisition and court order review. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioners argue for review based on procedural errors. (Para 12 , 13 , 14) |
| 3. opposite parties emphasize entitlement under act, 2013. (Para 15 , 16 , 17) |
| 4. key issues for legal determination outlined. (Para 18 , 19 , 20) |
| 5. clarification of standards for review applications. (Para 21 , 23 , 24) |
| 6. review characteristics and parameters discussed. (Para 25 , 26 , 27 , 28) |
| 7. review petition addressed major procedural oversights. (Para 29 , 30 , 31) |
| 8. judicial responsibility to rectify errors in decisions. (Para 32 , 33 , 34) |
| 9. analysis of statutory implications and timelines for review. (Para 35 , 36 , 37 , 38) |
| 10. review of acquisitions to ensure statutory compliance. (Para 39 , 40 , 41) |
| 11. clarification on compensation principles and ex-gratia distinction. (Para 42 , 43 , 44) |
| 12. final observations on the implications of procedural compliance. (Para 45 , 46 , 47) |
| 13. conclusion and orders following the review. (Para 48 , 49 , 50 , 51) |
JUDGMENT :
S.K. Panigrahi, J.
1. Since the aforesaid RVWPETs and CONTCs arise out of the same judgment, the same were heard together and are being
A review petition must demonstrate a patent error in the prior decision without re-evaluating the matter on its merits; the existence of new evidence justifies revisiting conclusions drawn under diff....
(1) Courts should adjudicate on all issues and give its findings on all issues and not to pronounce judgment only on one of issues.(2) Lapse of land acquisition proceeding – There being delay in pass....
Possession and compensation aspects are crucial in determining the sustainability of relief under Section 24(2) of the Act 2013.
Subsequent purchasers of land can only claim compensation based on their vendors' titles and cannot challenge acquisition proceedings initiated under different statutes.
No lapse of proceedings under the Act of 1894 occurs if compensation has been paid and possession of the acquired land has been assumed, even if no award has been made.
Section 24 of the Right to Compensation Act does not apply to acquisitions initiated under the West Bengal Requisition and Acquisition Act; subsequent purchasers can only claim compensation based on ....
The physical possession of the land and tendering of compensation discharge the state's obligation, and the land essential for public purpose cannot be released from acquisition.
Lapse of land acquisition proceeding – Landowners who had refused to accept compensation or who sought reference for higher compensation, cannot claim that acquisition proceedings had lapsed under Se....
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