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Orissa High CourtWP(C)/17280/2022disposed off

Harekrushna Mohanta v. State Of Odisha

2022-08-01Mr. Justice Biswajit Mohanty,Miss Justice Savitri Ratho2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.17280 of 2022 Harekrushna Mohanta ....

Petitioner Mr. P.K. Mohanty, Advocate -versusState of Orissa and others ....

Opposite Parties Mr. D. K. Mohanty, ASC

CORAM:

JUSTICE BISWAJIT MOHANTY JUSTICE SAVITRI RATHO Order No.

ORDER

01.08.2022 01.

1.

Heard Mr.P.K.Mohanty, learned counsel for the petitioner and Mr.D.K.Mohanty, learned Additional Standing Counsel.

2.

According to learned counsel for the petitioner, the petitioner is aggrieved by the quantum of compensation awarded by the authorities vis-à-vis acquisition of part of the land covered by Plot No.746 falling under Khata No.369 of Mouza-Hatijhari in connection with L.A. Case No.20 of 2019. According to him, the quantum of compensation indicated at Annexure-5 at Rs.2,19,292/- by the Zone Officer-cum-L.A. Collector, Mayurbhanj vide his letter dated 03.06.2022 is much less vis-à-vis the bench mark valuation of the land prescribed for that area. 3.

Mr.D.K.Mohanty, learned Additional Standing Counsel submits that for such purposes, the petitioner should have approached the appropriate authority, i.e.

// 2 // opposite party No.2 under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 instead of rushing to this Court.

4.

In such background, learned counsel for the petitioner submits that liberty may be granted to the petitioner to approach the Zone Officer-cum-L.A. Collector, Mayurbhanj (opposite party No.2) in the matter by filing a representation and the said opposite party be directed to take a decision on such motion within a specific time period.

5.

Considering the submissions made and without expressing any opinion on the merits of the case, this Court grants liberty to the petitioner to file representation before opposite party no.2 through registered post within a period of two weeks from today. In the event, such a petition is filed along with a copy of this order, the opposite party No.2 is directed to take a decision on the same in accordance with law within a period of two weeks from the date of receipt of such representation and communicate the result of such exercise to the petitioner.

6.

Accordingly, this writ petition is disposed of. 7.

Urgent certified copy of this order be granted on proper application.

(Biswajit Mohanty) Judge (Savitri Ratho) Judge u.k. sahoo