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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA, SANJAY KUMAR MISHRA
Manjushree Prusti – Appellant
Versus
Special Land Acquisition Officer, Sambalpur – Respondent
| Table of Content |
|---|
| 1. background of the land acquisition case and petitioners' claims (Para 1 , 2 , 3) |
| 2. arguments regarding the rejection of reference and objections (Para 4 , 5) |
| 3. court's analysis on legal standards for handling references (Para 6 , 7 , 8 , 9 , 10) |
| 4. restoration of the land acquisition case for merit-based decision (Para 11) |
| 5. disposition of the writ petition with no order as to costs (Para 12 , 13) |
JUDGMENT :
SANJAY KUMAR MISHRA, J.
1. This matter is taken up through hybrid mode.
2. Petitioners in this writ application seeks to assail the order dated 16th August, 1995 (Annexure-2), passed by the learned Civil Judge (Senior Division), Sambalpur in L.A. Case No.119 of 1991 by which, the reference under Section 18 of the LAND ACQUISITION ACT , 1894 (for brevity ‘the Act’) was rejected for non-appearance of the applicant in the reference.
2.1. The Petitioners also pray for setting aside the order dated 13th February, 2025 (Annexure-6) passed by the learned Civil Judge (Senior Division), Rairakhol, Sambalpur in C.M.A. No.03 of 2022 filed under Section 151 of the Code of Civil Procedure, 1908 to recall the order dated 16th August, 1995 and to re-hear the reference under S
A reference under the Land Acquisition Act cannot be rejected for non-appearance; it must be resolved based on merits, reinforcing the duty of the Civil Judge to exercise jurisdiction appropriately.
The reference proceedings under Section 18 of the Land Acquisition Act should be decided on merits, and claimants should be given the opportunity to lead evidence in support of their claim for enhanc....
The main legal point established is that the reference Court must decide the claim on merits and determine the market value afresh based on the material produced before it, following the guidelines s....
The main legal point established in the judgment is that the reference Courts are required to decide the claims on merits, and the claimants are entitled to lead evidence in support of their claim fo....
The reference Court must treat the reference as an original proceeding and determine the market value afresh based on the material produced before it. The award under Section 26 of the Land Acquisiti....
Advocates appeared :For the Appellant : Brij Mohan Prasad For the Respondent : Dharmendra Kaurab, Akshit Arjaria
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