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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA, SANJAY KUMAR MISHRA
Dhruba Charan Sahoo – Appellant
Versus
State of Odisha, represented through – Respondent
| Table of Content |
|---|
| 1. procedural background for the amendment of writ petition. (Para 1 , 2 , 3) |
| 2. consideration of limitation guidelines affecting re-determination of compensation. (Para 4 , 5 , 6) |
| 3. invalidation of previous order by l.a. collector due to limitation misunderstanding. (Para 7) |
| 4. remit to l.a. collector for fresh consideration of the case. (Para 8 , 9 , 10) |
JUDGMENT :
By the Bench;
I.A. No.1916 of 2026
1. This matter is taken up through hybrid mode.
2. This is an application for amendment of the writ petition.
3. Mr. Routray, learned counsel for the Petitioners submits that inadvertently the Petitioners could not incorporate the prayer to set aside the order under Annexure-5 in the prayer portion. Hence, the petition for amendment has been filed to amend the prayer of the writ petition to that extent.
3.1. Mr. Mishra, learned Additional Standing Counsel does not have any objection to the said prayer for amendment.
3.2. Hence, the prayer for amendment is allowed.
3.3. Mr. Routrary, learned counsel for the Petitioners files consolidated writ petition incorporating the proposed amendment in the court today serving copy thereof on the learned counsel for the State.
3.4. Consolidated
COVID-19 guidelines allow exclusion of limitation periods when determining the validity of petitions under section 73 of the 2013 Land Acquisition Act.
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....
The limitation period for applications under Section 64 of the Act is calculated from the date of the modified award, not the original award.
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.
The limitation period for seeking redetermination of compensation under Section 28A of the Land Acquisition Act begins from the date of the original court's award, not from appellate decisions.
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