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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, G.SATAPATHY
Power Grid Corporation of India Ltd., Balangir – Appellant
Versus
Collector-cum-Land Acquisition Officer, Balangir – Respondent
| Table of Content |
|---|
| 1. jurisdiction invoked under article-226 and 227. (Para 1 , 2) |
| 2. key factual circumstances surrounding the land acquisition. (Para 3 , 4 , 5) |
| 3. requirements and limitations under section 18 of the l.a. act. (Para 8 , 9 , 10 , 11) |
| 4. judicial interpretations of limitation and references under the l.a. act. (Para 12 , 13 , 14 , 15) |
| 5. judicial rulings on the validity of court references based on procedural compliance. (Para 16 , 17 , 18) |
| 6. impugned order quashed; invalid reference to be disregarded. (Para 19) |
JUDGMENT :
The Petitioner by filing this Petition has invoked the jurisdiction of this Court under Article-226 and 227 of the Constitution of India in impeaching an order dated 23.08.2022 passed by the learned Senior Civil Judge, Balangir (as then was) arising out a reference under section-18 of the LAND ACQUISITION ACT , 1894 (for short, the L.A. Act) standing numbered as L.A. Case No.01 of 2012. The Petitioner has accordingly prayed for quashing the said reference made under section 18 of the L.A. Act’ by the Collector-cum-Land Acquisition Officer, Balangir, the Opposite Party No.1.
(A) The Petitioner is a Public Sector Undertaking of the Government of India, inc
The Referral Court lacks jurisdiction to entertain a reference made outside the statutory limit prescribed by the Land Acquisition Act, reinforcing the mandatory nature of compliance with statutory t....
Courts must verify that references under Section 18 of the Land Acquisition Act comply with statutory conditions for jurisdiction.
The court must decide land acquisition reference applications on merits, with limitation issues addressed only after proper issue framing.
A District Judge cannot refuse to entertain a reference made by a Collector, even if based on a time-barred application, as the legislation does not grant such authority.
The mandatory nature of the provisions under Section 18 of Act, 1894, and the requirement for the application to be made within the prescribed time limit.
Knowledge of the award is crucial for invoking the statutory provisions for reference under the Land Acquisition Act, and failure to demonstrate lack of knowledge results in dismissal of the applicat....
The Reference Court's jurisdiction is confined to the objections referred by the Collector, and it cannot dismiss proceedings based on irrelevant technical grounds.
The Reference Court's jurisdiction is limited to the objections referred by the Collector, and it cannot dismiss proceedings on irrelevant grounds.
The Reference Court must consider actual or constructive knowledge of the award's contents when determining limitation and cannot dismiss proceedings based on irrelevant grounds.
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