Lingaraj Mahapatra v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.17523 of 2022 Lingaraj Mohapatra & others ....

Petitioners Mr. M. Ojha, Advocate -versusState of Odisha & others ....

Opp. Parties Mr. D. Nayak, Additional Government Advocate

CORAM:

JUSTICE BISWAJIT MOHANTY JUSTICE SAVITRI RATHO Order No.

ORDER

29.07.2022 01.

1.

Heard Mr. M. Ojha, learned counsel for the petitioners and Mr. D. Nayak, learned Additional Government Advocate. 2.

According to learned counsel for the petitioners, the petitioners are aggrieved by the quantum of compensation awarded by the authorities vis-a-vis acquisition of part of the land covered by Plot Nos.344, 345, 346 & 767 falling under Khata No.296 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.9,22,539/- by the Zone Officercum-L.A. Collector, Mayurbhanj vide his letter dated 03.06.2022 is much less vis-a-vis the bench mark valuation of the land prescribed for that area.

3.

Mr. Nayak submits that for such purposes, the petitioners should have approached the appropriate authority i.e. opposite party No.2 under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 instead of

// 2 // rushing to this Court.

4.

In such background learned counsel for the petitioners submits that liberty may be granted to the petitioners 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 petitioners to file a 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 Prasant (Savitri Ratho) Judge