High CourtsDivision Bench(2023) 04 OHC CK 0095

M/s Rams Assorted Cold Storage, BBSR vs Competent authority and L.A.O., Spl. Land Acquisition Cell, BBSR And Others

Orissa High Court · Decided on 10 April 2023

HON’BLE JUDGES
Dr B.R. Sarangi, J · M.S.Raman, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 10916 Of 2023 And I.A. No. 5047 Of 2023

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Judgment

8 paragraphs · 251 words
1.

This matter is taken up through hybrid mode.

2.

Heard.

3.

The petitioner has filed this writ petition challenging the order dated 22.03.2023 passed by the District Judge, Cuttack under Annexure-8 in N.H. Reference Case No.1 of 2018, by which it has been stated that the Govt. of Odisha is entitled to get compensation in respect of the land value of the case property and that the petitioner therein, i.e., competent authority and Land Acquisition Officer was directed to apportion the compensation amount accordingly.

4.

Mr. S.P. Mishra, learned Senior Counsel along with Mr. S.P. Sarangi, learned counsel appearing for the petitioner contended that the learned District Judge has committed gross error apparent on the face of record inasmuch as there is no tripartite agreement with the Collector and, as such, the document, which has been placed on record as Annexure-1, having been executed by the Governor, has not been taken into consideration by the District Judge while passing the order impugned.

5.

Issue notice to the opposite parties in the main case as well as in the interlocutory application.

6.

Three extra copies of the writ petition be served on learned State Counsel appearing for opposite parties no.2, 3 and 5 within three days enabling him to obtain instructions or file counter affidavit.

7.

Steps for service of notice on the opposite parties no.1 and 4 by speed post be taken within three days. Office shall send notice to the said opposite parties fixing an early returnable date.

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