Narendra Kumar Bhanja v. Commissioner-Cum-Secretary

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) (PIL) No.2781 of 2016 Narendra Kumar Bhanja and others ....

Petitioners Mr. Trilochan Barik, Advocate -versusCommissioner-cum-Secretary, Revenue and Disaster Management, Odisha and others.

....

Opposite Parties Mr. D.K. Mohanty, Additional Government Advocate Mr. P.K. Mohanty, Senior Advocate for Opp. Party No.7 Mr.A. Das, Advocate for Opp. Party No.4

CORAM:

THE CHIEF JUSTICE JUSTICE A.K. MOHAPATRA

ORDER

25.02.2022 Order No.

03.

1. The matter is taken up through hybrid arrangement (virtual/physical mode).

2. From the prayer clause, it appears that the Petitioners are aggrieved by the abandonment of the initial process that was commenced for acquisition of land in question under Section 4(1) read with Section 6 (1) of the Land Acquisition Act, 1894(in short 'L.A. Act').

3. Admittedly, the company in question (Opposite Party No.7) for the project of which the land was originally proposed to be acquired has purchased the land through private purchase. The individuals who sold their lands to the company are not made as parties to the writ petition. Consequently, it is not possible to entertain the prayer for a mandamus to the government to resume the process under L.A. Act.

4. The other grievance of the Petitioners regarding threat to the environment and ecology as a result of the project can be agitated in appropriate proceeding in another forum like the NGT.

5. The writ petition is accordingly disposed of. (Dr. S. Muralidhar) Chief Justice ( A.K. Mohapatra ) Judge R.K. Singh/U. Sahoo