Orissa High Court
Udayanath Sahoo vs State Of Odisha & Others .... Opp. ... on 29 July, 2024
Bench: S.K. Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No. 17070 of 2024
Udayanath Sahoo .... Petitioner
Mr. Anam Charan Panda, Advocate
-versus-
State of Odisha & others .... Opp. Parties
Mr. Arupananda Das
Addl. Govt. Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 29.07.2024 01. 1. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
2. Heard Mr. Anam Charan Panda, learned counsel appearing for the petitioner and Mr. Arupananda Das, learned Addl. Govt. Advocate appearing for the State of Odisha.
3. The Petitioner has challenged the order dated 19.12.2023 passed by the Collector and District Magistrate, Dhenkanal, Opposite Party No.2 under Annexure-4 in an application filed by the Petitioner under Section 64 of Special Land Acquisition and Rehabilitation and Resettlement Act, 2013 (herein after the '2013 Act' in short).
4. In the operative portion of the impugned order, the Collector has mentioned that not only the Petitioner was present in the meeting and agreed to sale the land to the Superintending Engineer (R & B) Division, Dhenkanal on the approved price but also received the compensation amount and thereafter sold the land to the Superintending Engineer (R & B), Division Dhenkanal on 20.10.2023 by Registered Sale Deed.
5. Section 64 of the 2013 Act deals with reference to the Authorities which, inter alia, states that any person interested who has not accepted the award, may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Authority. On our query to the learned counsel for the Petitioner as to whether Section 64 of the 2013 Act could be applicable to a case where the compensation amount has already been accepted upon negotiation and it has been acted upon and Registered Sale Deed has been executed, he seeks two weeks time to study the case law on this aspect.
6. List this matter in the week commencing from 12.08.2024.
(S.K. Sahoo) Judge (Chittaranjan Dash) Judge Signature NotA.K. Verified Pradhan/ Bijay Digitally Signed Signed by: BIJAY KETAN SAHOO Designation: Junior Stenographer Reason: Authentication Page 2 of 2 Location: HIGH COURT OF ORISSA Date: 30-Jul-2024 19:48:24