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Judgment
The present petition has been filed questioning the Notification dated 19th July, 2012 issued by the Revenue and Disaster Management Department under Section 4 (1) of the Land Acquisition Act, 1984 (LA Act) on the ground that till date pursuant to the said notification dated 19th July, 2012 no land acquisition award has been passed.
The Petitioner itself points out that there is already an order passed by the Principal Secretary, Housing and Urban Development Department, Government of Odisha stating that the purpose for which the land was acquired viz., carving out a public path, cannot be proceeded with "until the drainage plan for the entire Arunodaya Nagar is finalized."
With the above Notification not being followed by an Award as mandated under the LA Act, the acquisition proceedings should be deemed to have lapsed.
Accordingly, Annexure-1, which is a copy of the letter dated 2nd May, 2012 of the Housing and Urban Development Department and the Notification dated 19th July, 2012 under Section 4(1) of the LA Act are hereby quashed.
Consequently, the writ petition is allowed, but in the circumstances, with no order as to costs.
An urgent certified copy of this order be issued as per Rules.
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