KAILASH CHANDRA MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioners challenge the land acquisition proceeding initiated in the year 1978.

(2.) A total extent of land measuring Ac.0.89 dec. in Mouza- Basudevpur in the district of Bhadrak (east while Balasore district) was acquired as a part of Basudevpur-Dhamara Road Project invoking the provisions of the Land Acquisition Act, 1894 (in short 'L.A.Act'). Sec. 4(1) Notification along with Sec. 17 Notification were issued on 28/11/1978 followed by Gazettee declaration.

(3.) The Petitioners' contention is that they are the owners of Ac.0.59 dec. in Plot No.1937 out of total land acquired measuring Ac.0.89 dec. in Basudevpur mouza, and without following any procedure and even keeping them in dark, their lands were forcible occupied by the Opposite Parties. Further, till date the same has not been used for the purpose and is lying as it is. As such, the Petitioners pray for a declaration that the initial Notification dtd. 28/11/1978 is illegal and further that they should be conferred all the consequential benefits. It is submitted by them that, initially they being unaware of the procedure filed O.S.No.138 of 1981 in the Court of the Additional Munsif, Bhadrak. Against the dismissal of the said suit, they preferred a First Appeal in the Court of the learned Addl. District Judge, Bhadrak, which was also dismissed. The matter was carried to this Court in S.A.No.323 of 1996. This too was dismissed by this Court by judgment dtd. 13/11/2007 with the observation that the legality and correctness of land acquisition proceeding can only be examined in a proceeding under Article 226 of the Constitution of India. Hence, the delay in filing the present petition.