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Orissa High CourtWP(C)/21411/2020disposed off

Sasthi Rani Mandal v. Union Of India

2022-12-06Dr. Justice B.R.Sarangi,Mr. Justice Biraja Prasanna Satapathy2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No.21411 of 2020 Sasthi Rani mandal & Ors.

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Petitioners Mr. S.P. Pani, Advocate Vs.

Union of India & Ors.

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Opposite Parties Mr. P.K. Parhi, DSGI (O.P.1) Mr. A. Patnaik, Advocate (O.Ps.3 & 5)

CORAM:

DR. JUSTICE B.R. SARANGI MR. JUSTICE B.P. SATAPATHY

ORDER

06.12.2022 Order No.

This matter is taken up through hybrid mode.

2.

Heard Mr. S.P. Pani, learned counsel appearing for the petitioners; Mr. A. Patnaik, learned counsel appearing for opposite parties no.3 & 5 and Mr. P.K. Parhi, learned Deputy Solicitor General of India appearing for opposite party no.1. 3.

The petitioners have filed this writ petition seeking direction to the opposite parties to pay compensation to them for the land proposed to be acquired/used for NH 23 Road project and further to set aside the land acquisition proceedings in respect of land schedule in gazette notification dated 13th August 2013 under Section 3D of National Highway Authority Act 1956 under Annexure-1.

4.

Mr. S.P. Pani, learned counsel appearing for the petitioners contended that similar matter had come up before

the co-ordinate Bench of this Court for consideration in W.P.(C) No.2475 of 2020 and batch, (Sri Pawan Kumar Agarwal v. Additional District Magistrate-cum-Competent Authority & Land Acquisition and others), which were disposed of vide common order dated 25.08.2021. Therefore, this matter may be disposed of in terms of the said order. 5.

Mr. A. Patnaik, learned counsel appearing for opposite parties no.3 & 5 contended that factually this matter is different from W.P.(C) No.2475 of 2020 and batch. Therefore, this matter may be heard on merit.

6.

Having heard learned counsel for the parties and after going through the records, this Court finds that this case is analogous to W.P.(C) No.2475 of 2020 and batch, which have been disposed of vide order dated 25.08.2021, there is no justification to go through the merits of the present case once again. Accordingly, this writ petition stands disposed of in terms of the order dated 25.08.2021 passed by this Court in W.P.(C) No.2475 of 2020 and batch, (Sri Pawan Kumar Agarwal v. Additional District Magistrate-cum-Competent Authority & Land Acquisition and others).

7.

Issue urgent certified copy as per rules.

Alok (DR. B.R. SARANGI) JUDGE (B. P. SATAPATHY) JUDGE