COVID-19 guidelines allow exclusion of limitation periods when determining the validity of petitions under section 73 of the 2013 Land Acquisition Act.

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 writ petition is taken on record.

3.5. Registry is directed to place the consolidated writ petition appropriately in the brief.

4. I.A. is disposed of accordingly.

(K.R. Mohapatra)

(S.K. Mishra)

W.P.(C) No. 33633 OF 2025

1. As requested by learned counsel for the parties, the writ petition is taken up for final disposal.

2. Petitioners in this writ petition seeks to assail the order dated 21^st March, 2025 (Annexure-5) passed by the Land Acquisition Collector-cum-Zone Officer, Zone-III, Rengali Right Canal System, Dhenkanal (for brevity, ‘L.A. Collector’), in rejecting an application filed by the Petitioners under Section 73 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for brevity, ‘the Act’) to re-determine the compensation.

3. Mr. Routray, learned counsel for the Petitioners submits that pursuant to a notification under Section 11(1) of the Act, Plot No.2133 of Khata No.291 to an extent of Ac. 0.130 dec. in Mouza-Mahisapat, Dist.- Dhenkanal (for brevity, ‘the case land’) recorded in the name of the Petitioners was acquired for construction of Rengali Right Canal System. L.A. Case No.23 of 2015 was initiated and the Petitioners were awarded compensation of Rs.3,78,429.00 (three lakh seventy-eight thousand four hundred twenty-nine only) for acquisition of the case land. Being not satisfied, one Santosh Kumar Rath, whose land was acquired under the same notification, filed an application under Section 64 of the Act and the said matter was referred to the Authority for enhancement of compensation. The LAR&R Authority (Northern Division), Sambalpur, vide his order dated 24^th December, 2020 (Annexure-2), enhanced the compensation.

3.1. Accordingly, the Petitioners instead of availing the remedy under Section 64 of the Act, filed an application under Section 73 of the Act before the L.A. Collector for redetermination of compensation, as the case land was acquired under the same notification. The said application was registered as L.A. Misc. Case No.8 of 2025. The Land Acquisition Collector, under a misconception that the petition under Section 73 of the Act was filed beyond the statutory period of three months, rejected the said application vide order dated 21^st March, 2025 (Annexure-5). Hence, this writ petition has been filed.

4. Mr. Routray, learned counsel for the Petitioners relies upon the guidelines set out by the Hon’ble Supreme Court in suo motu Writ Petition(C) No.3 of 2020 (IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION) and submits that in cases where the limitation would have expired during the period between 15^th March, 2020 till 28^th February, 2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 1^st March