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High CourtsDivision Bench(2022) 07 OHC CK 0077

Sri Gopinath Das And Others vs State Of Odisha And Others

Orissa High Court · Decided on 14 July 2022

HON’BLE JUDGES
Dr. S. Muralidhar, CJ · R. K. Pattanaik, J
CASE NUMBER
OJC No. 4 Of 1995

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Judgment

6 paragraphs · 345 words
1.

An affidavit has been filed on 12th July, 2022 by the Tahasildar, Odapada in the district of Dhenkanal where in respect of two plots in question i.e. Sabik Plot Nos.1434/1503 and 1434/1507, which admittedly belong to the Petitioner and admittedly have been in possession of Opposite Party No.6 for nearly four decades now, it is stated as under in para 8:

“8. That it is humbly submitted that, the company admitted in this para that Hal Plot No.1612 and 1616 which corresponds to Sabik Plot Nos.1434/1503 and 1434/1507 are within their company boundary which are located in the middle portion of its premises and the company has also admitted that, they have no reference or any annexure regarding recording of these two plots in their favour. But the company had managed to get these plots recorded in its favour through mutation process although the said plots are not covered in the agreement (Annexure-A/3) nor such properties were ever the subject matter of the acquisition by the State Govt. and no compensation amount has been deposited against those two plots by the company at any time. Hence the company had got the land without any valid Regd. Sale Deed and also not acquired the land through L.A. process and therefore the company is liable to pay compensation for these two plots.”

2.

Mr. B.P. Tripathy, learned counsel for Opposite Party No.3 states that the operations of Opposite Party No.6 have come to a close and they are not in a position to pay compensation for the two plots. However, he makes a categorical statement that the Opposite Party No.6 is prepared to hand over to the Petitioners land of an extent equal to the aggregate extent of Sabik Plots Nos.1434/1503 and 1434/1507 at a location which is accessible to the Petitioners. He even offers that the Petitioners can select the extent of land at the site which can then be handed over to them.

3.

Mr. Das, learned Senior Counsel appearing for the Petitioners seeks time for instructions.

4.

List on 30th  August, 2022.

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