Ramakanta Sarangi v. State And ORS.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C) No.27374 of 2011 Ramakanta Sarangi ....

Petitioner Mr. P.Nayak, Advocate -versusState of Orissa & Others ....

Opposite Parties Mr. J.Katikia, AGA for O.P.Nos. 1 & 2 and Mr.S.P.Mishra, Sr.Advocate for O.P.No.3

CORAM:

THE CHIEF JUSTICE JUSTICE R. K. PATTANAIK

ORDER

11.04.2022 07.

1. A status quo order was passed by this Court in this proceeding Order No.

on 18th October, 2011 at a stage when the Award under Section 11 of the Land Acquisition Act, 1894 (LA Act) had not been passed.

2. That status quo has continued since. On account of the status quo order neither was the award passed nor possession taken of the land in question. Now with the enactment of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 ('the 2013 Act'), the proceedings under the LA Act, 1894 have obviously lapsed.

3. In that view of the matter, the State Government will have to start fresh proceedings under the 2013 Act which will obviously give rise to a fresh cause of action. The present petition is accordingly disposed of as having been rendered infructuous.

4. IDCO can apply to be Government for return of the money deposited by it with whatever interest may have accrued thereon. (Dr. S. Muralidhar) Chief Justice (R. K. Pattanaik) Judge kabita