High CourtsDivision Bench(2021) 12 OHC CK 0081

Shyama Gochhayat vs Special Land Acquisition Officer, NTPC, Angul

Orissa High Court · Decided on 13 December 2021

HON’BLE JUDGES
Jaswant Singh, J · S.K. Panigrahi, J
RESULT
Disposed Of
CASE NUMBER
CONTC No.338 Of 2016

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Judgment

5 paragraphs · 211 words
1.

This matter is taken up through Hybrid Mode.

2.

The petitioner had filed W.P.(C) No.19794 of 2012 raising a grievance that the compensation for the homestead land along with building had not been correctly determined by the Land Acquisition Collector in the acquisition made under the Land Acquisition Act, 1894. The said writ petition was disposed of with the direction that the representation/letter dated 11.09.2008 (annexed as A-5 with the writ petition) be treated as an application under Section 18 of the Land Acquisition Act and the Special Land Collector should make a reference before the Reference Court for ascertainment and enhancement of compensation, if any. Upon such reference, the Reference Court was directed to re-determine the market value of the acquired property of the petitioner within a period of three months vide order of the Court dated 12.11.2012.

3.

Learned counsel for the State points out that the contempt had been filed much beyond the period of limitation of one year and thus is not maintainable. Even otherwise, it cannot be countenanced that the Reference Court would not have decided such a reference till now. Mr. P. Jena, learned counsel for the petitioner is unable to dispute the aforesaid.

4.

The CONTC is accordingly disposed of as infructuous..

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