M SANTAMA Vs. STATE OF ORISSA

JUDGEMENT

(1.) NONE appears for the petitioner. Learned Addl.Govt. Advocate is present. With the permission of the Court, he went through the revision application and the impugned order.

(2.) HEARD learned Addl. Govt. Advocate.

(3.) LEARNED Additional Government Advocate has no objection for disposal of the Civil Revision. It appears from the letter No. 438/SLA of the Special Land Acquisition Officer, which is the XI -D -47/02 impugned order in this revision, that application filed by the petitioner for making a reference under Section 18 of the Land Acquisition act was rejected by the said officer without affording an opportunity of hearing to the petitioner. Therefore, the aforesaid Act of the Special Land Acquisition Officer is in violation of the principle of natural justice. Under such circumstance, while setting aside the impugned order the Special Land Acquisition Officer is directed to dispose of that application of the petitioner after affording an opportunity of hearing to him. In that respect, to save the proceeding from delay, it is directed that if the petitioner shall, appear before the Land Acquisition Officer, on 30th April, 2003, then, learned Special Land Acquisition Officer, shall do well to fix a date of hearing and thereafter dispose of that application in accordance with law. The Special Land Acquisition Officer shall bear in mind that this Court has expressed no opinion on the merit of the application which the petitioner has filed for making a reference under Section 18 of Land Acquisition Act and he is to consider the same in accordance with law.