Nilam Naik v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.20976 of 2021 Nilam Naik & Others ....
Petitioners Mr. R.R. Mishra, Advocate -versusState of Odisha & others ....
Opp. Parties Mr. Pradip Kumar Rout, Additional Government Advocate
CORAM:
JUSTICE BISWAJIT MOHANTY MISS JUSTICE SAVITRI RATHO Order No.
ORDER
24.06.2022 03.
1.
Heard Mr. R.R. Mishra, learned counsel for the petitioners and Mr. Pradip Kumar Rout, learned Additional Government Advocate.
2.
At the outset, Mr. Mishra files the deficit court fee along with the memo. The same be kept on record.
3.
According to Mr. R.R. Mishra, the petitioners are aggrieved by the action of the opposite parties, more particularly opposite party no.2-Collector-cum-Special Land Acquisition Officer-cum-Chairman Land Acquisition Committee Nuapada in valuing their land properly for the purpose of award of compensation in the process of acquisition of land for Biju Express Way. Their further grievance is that the opposite parties also have not calculated the value of existing trees standing on the land for the above said purpose. 4.
During course of hearing, Mr. Mishra submits that though highlighting all these grievances, petitioner no.1-Nilam Naik has filed a representation before the Collector-cum-Special Land
// 2 // Acquisition Officer-cum-Chairman Land Acquisition Committee Nuapada- opposite party no.-2, he however submits that liberty may be granted to the petitioners to file a representation afresh before the opposite party no.2-Collector-cum-Special Land Acquisition Officer-cum-Chairman Land Acquisition Committee Nuapada and further prays that 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 fresh representation before the Collector-cum-Special Land Acquisition Officer-cumChairman Land Acquisition Committee Nuapada (opposite party No.2) through registered post within a period of two weeks from today along with copy of this order. In the event, such a representation 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 three months from the date of receipt of such representation and communicate the result of such exercise to the petitioner no.1-Nilam Naik who in turn is directed to share such information with other petitioners.
6.
Accordingly, the writ petition is disposed of. 7.
Urgent certified copy of this order be granted on proper application.
(Biswajit Mohanty) Judge (Savitri Ratho) Judge puspa