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Orissa High CourtWP(C)/21693/2021disposed off

Prabhanjan Sahu v. State Of Odisha

2022-01-06Mr. Justice Biswajit Mohanty,Mr. Justice K.R.Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 21693 OF 2021 Prabhanjan Sahu ....

Petitioner Mr.Byomokesh Sahoo, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. A.R. Dash, Additional Government Advocate (For Opposite Party Nos.1 to 6) Mr. Amitav Das, Advocate (For Opposite Party No.7)

CORAM:

JUSTICE BISWAJIT MOHANTY JUSTICE K.R.MOHAPATRA Order No.

ORDER

06.01.2022 01.

This matter is taken up through Video Conferencing Mode.

2.

Heard Mr. Sahoo, learned counsel for the Petitioner, Mr. Dash, learned AGA and Mr. Das, learned counsel representing NHAI.

3.

At the outset, Mr. Sahoo undertakes to serve an extra copy of the writ petition on Mr. Das, learned counsel for NHAI. 4.

On oral prayer of Mr. Sahoo, learned Counsel for the Petitioner is permitted to implead Collector, Keonjhar as Opposite Party No.8 to the writ petition.

5.

Office is directed to make necessary correction in the cause title of the brief.

6.

According to Mr. Sahoo, the Petitioner is aggrieved by non-payment of adequate compensation to him as per the valuation report under Annexure-5 signed by Revenue Inspector, NHAI 215, Sundargarh, Junior Engineer (R&B) Section, Assistant Engineer, Executive Engineer, Rourkela (R & B)

// 2 // Division and Land Acquisition Officer -cum-competent authority for NH 215.

7.

In course of hearing, Mr. Sahoo submits that though the Petitioner has filed applications on 20th December, 2019 under Annexure-4 series before Collector, Sundargarh for enhanced compensation, however, liberty may be granted to the Petitioner to approach Collector, Keonjhar-Opposite Party No.8 for redressal of his grievances.

8.

Considering the submission made and without expressing any opinion on the merit of the case, this Court grants liberty to the Petitioner to file appropriate application before Opposite Party No.8-Collector, Keonjhar within a period of two weeks hence. In the event such a representation is filed, Collector, Keonjhar is directed to take a decision on the same in accordance with law within a period of twelve months and communicate the result of such exercise to the Petitioner. It is made clear that pendency of such application will no way hamper the construction work that is undertaken by the NHAI. 9.

With the direction as aforesaid, the writ petition is disposed of.

Issue urgent certified copy of the order on proper application.

(Biswajit Mohanty) Judge (K.R. Mohapatra) Judge s.s.satapathy