BISWAJIT KHANDAI Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Government Advocate. Considering the limited nature of dispute involved in this writ petition, it has been taken up for final disposal at the stage of admission. Learned Govt. Advocate is directed to take notice in this matter.

(2.) THIS writ petition has been filed by the petitioner with a prayer to quash the Notice dated 2.6.2012 under Annexure -1 in L.A. Case No.28 of 2009 issued by the Land Acquisition Kendrapara to the petitioner under Section 17 read with Section 4 (1) of the Land Acquisition Act stating therein that the petitioner land has been notified as per the Notification No.1771 dated 8.12.2009 for the purpose of expeditious expansion of Cuttack -Chandabali Road and the said land will be taken into possession on 20.6.2012. It is further prayed by the petitioner to direct the L.A. Officer, Kendrapara to pay appropriate compensation to the petitioner by considering the representation of the petitioner submitted under Annexure -6.

(3.) HOWEVER , it is submitted by the learned counsel for the petitioner that emergency clause is not attracted for formation of the road in question. It is stated that the impugned notice has been served on the petitioner on 18.6.2012 fixing a date to 20.6.2012 for taking over possession of the land of the petitioner without serving him the statutory notices under Section 4 of the Act and without giving him opportunity of hearing. In this regard petitioner filed a petition on 21.5.2011 before the Collector, Kendrapara to issue notice under Sec. 4 of the Act to the petitioner and he may be heard. However, without giving him opportunity of hearing under Sec. 5 of the Act, the L.A. Officer proceeded in the matter. It is submitted that petitioner has further submitted a representation dated 6.9.2011 under Annexure -6 before the Collector, Kendrapara praying to give proper compensation, however, without deciding the compensation the L.A. Officer has suddenly issued the impugned notice. At paragraph 10 of the writ petition it is stated that the petitioner is not opposing the acquisition of his land at all, however, he is praying for a proper compensation.