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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA, SANJAY KUMAR MISHRA
Sarat Mohanty – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner seeks enhancement of compensation under the act. (Para 2) |
| 2. arguments regarding jurisdiction and necessary adjudication. (Para 3 , 4) |
| 3. court's analysis on procedural compliance under the act. (Para 5 , 6 , 7 , 8) |
| 4. court's directive for reconsideration of the matter by the authority. (Para 9) |
JUDGMENT :
1. This matter is taken up through hybrid mode.
2. Petitioner in this writ petition seeks to assail the order dated 17th February, 2025 (Annexure-5) passed by the Zone Officer-cum-L.A. Collector, Subarnarekha Irrigation Project, Laxmiposi Zone, Baripada (Opposite Party No.2) in not entertaining an application filed under Section 73(1) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for brevity ‘the Act’) and referring the matter back to the Authority for adjudication.
3. Mr. Nayak, learned counsel for the Petitioner submits that for acquisition of land of the Petitioner pertaining to Plot No.638 (Sarad-III) measuring an area of Ac.1.13 dec. under Khata No.137/34 of Mauza Nalagaja sand Plot No.606 measuring an area of Ac 0.09 dec, Plot No.607 measuring an area of AC 0.08 Dec, under khata no.18 o
The Collector must adjudicate claims under the Right to Fair Compensation and Transparency in Land Acquisition Act before referring matters for enhancement, ensuring all procedural requirements are m....
COVID-19 guidelines allow exclusion of limitation periods when determining the validity of petitions under section 73 of the 2013 Land Acquisition Act.
Acquisition of land – Where no award under Section 11 of Act of 1894 has been made, then, all provisions of new Act of 2013 relating to determination of compensation would apply.
Proper compensation assessment procedures under Section 64 of the 2013 Act must be followed, allowing the authority to consider referral and potential delays for justifiable reasons.
The Reference Court in land acquisition matters lacks the authority to set aside a Collector's award and remand for fresh determination, functioning instead to affirm or enhance the award according t....
Determination of amount of compensation – Reference to appropriate authority – Collector has no jurisdiction to go into such question.
The court affirmed that disputes regarding compensation inadequacy must be referred to the appropriate authority under the Act, underscoring the Collector's duty to comply with statutory timelines.
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