Orissa High Court
Nilamani Guru And Others vs State Of Odisha And Others …. Opp. … on 30 June, 2025
Bench: K.R. Mohapatra, Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). NO.17171 OF 2025
Nilamani Guru and Others .... Petitioners
Mr.Hrudananda Mohapatra , Advocate
-versus-
State of Odisha and Others .... Opp. Parties
Mr. Siba Narayan Biswal,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 30.06.2025 01. 1. This matter is taken up through hybrid mode.
2. The Petitioners, in this writ application, pray for a direction to
disburse the compensation in their favour pursuant to the award dated
13.05.2024 passed by the Land Acquisition Officer, Puri in Land
Acquisition Case No.1(10)/2022 under the provisions of Right to
Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013
(for brevity ‘the Act’) although the matter is referred to and pending
before the LAR & R Authority (Central Division), Cuttack for
adjudication under Section 64 of the Act.
3. It is submitted by the learned counsel for the Petitioners that
an award under Section 30 of the Act was passed in favour of the
Petitioners vide award dated 13.05.2024 in Land Acquisition Case
No.1(10)/2022. Before the Compensation amount could be
disbursed in favour of the Petitioners, one Sri Chandra Sekhar Guru
filed an objection before the Collector and District Magistrate, Puri
not to release the compensation in favour of the Petitioners. The
Petitioners also filed a representation before the Collector and
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District Magistrate, Puri stating inter alia that part and parcel of the
land of the Petitioners under the same Record of Right under
Annexure-1 has been acquired by the National Highway Authority
under the provisions of National Highways Act, 1956 and
compensation has already been disbursed in favour of the
Petitioners. Said Chandra Sekhar Guru had not raised any objection
for release of compensation under the National Highways Act, 1956
in favour of the Petitioners. It is also stated in the representation that
in the objection filed by Sri Chandra Sekhar Guru, no prayer to
refer the matter to the LAR & R Authority, Cuttack was made.
Since the representation of the Petitioners was not considered, they
moved this Court in W.P.(C) No.24232 of 2024 and this Court vide
order dated 01.10.2024 (Annexure-7) directed the Collector to
dispose of the representation of the Petitioners within a period of
three months from the date of production of certified copy of the
said order. Without disposing of the representation of the
Petitioners, pursuant to the direction of this Court in W.P.(C)
No.24232 of 2024, the Collector and District Magistrate, Puri
mechanically referred the matter to the LAR & R Authority under
section 64 of the Act. Thus, the proceeding under section 64 of the
Act is not maintainable in the eye of law. The Petitioners came to
know about the initiation of the proceeding under Section 64 of the
Act in LA Reference Case No.4 of 2025, when he received notice
under Annexure-8 in the said proceeding. Thus, finding no other
alternative, the Petitioners have filed this writ petition for the
aforesaid relief.
4. Mr. Biswal, learned Additional Standing Counsel submits
that when a reference has been made under Section 64 of the Act,
the Petitioners may participate in the said proceeding and raise their
objections with regard to the entitlement of said Chandra Sekhar
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Guru to receive compensation or any share in it. Thus, the writ
petition merits no consideration.
5. Taking note of the submission made by the learned counsel for
the parties, this Court finds that entertaining an objection filed by one
Sri Chandra Sekhar Guru (not made party to the writ petition), the
Collector and District Magistrate, Puri referred the matter to the LAR
& R Authority, Cuttack in exercise of power under Section 64 of the
Act for adjudication. The Collector and District Magistrate, Puri had
no power to consider the merit of either the objection filed by said Sri
Chandra Sekhar Guru or representation made by the Petitioners. It is
only the LAR & R Authority, which is empowered to consider the
same on merit. Thus, the matter has been rightly referred to the LAR
& R Authority, Cuttack for adjudication.
6. On receipt of the reference made by the Collector and District
Magistrate, Puri, LA Reference Case No.4 of 2025 has already been
initiated on the board of the LAR & R Authority and the Petitioners
have been served with the notice in the said proceeding under
Annexure-8.
Thus, this Court without expressing any opinion on the merits
of the case of the Petitioners disposes of the writ petition with an
observation that the Petitioners, if so advised, may participate in the
proceeding under Section 64 of the Act and raise their objection in
accordance with law, which is expected to be considered by LAR & R
Authority, Cuttack providing opportunity of hearing to the parties.
(K.R. Mohapatra)
Signature Not Verified Judge
Digitally Signed
Signed by: HIMANSU SEKHAR DASH
Reason: Authentication
Location: OHC (Savitri Ratho)
Date: 01-Jul-2025 18:39:14
Himansu Judge
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