PRAHALLAD SAHU Vs. LAND ACQUISITION ZONE

JUDGEMENT

(1.) Though the matter is listed under the heading "Fresh Admission", in view of the limited issue, as pointed out in the ground of appeal, so also the recent judgment passed by this Court and cited by the learned Counsel for the Appellant, the matter is taken up at the stage of fresh admission for final disposal on consent of the learned Counsel for the parties.

(2.) This Appeal has been preferred against the judgment dtd. 27/8/2021, passed by the Presiding Officer LAR and R Authority, Berhampur, in LAR and R Case No. 82 of 2020 vide which the reference Petition under Sec. -64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, shortly, (RFCTLAR and R) Act, 2013, was dismissed solely on the ground that the present Appellant received the awarded compensation amount without any protest and never gave any written objection at any point of time, for which has no cause of action in his favour.

(3.) Mr. Joshi, learned Counsel for the Appellant submits that the referral court has mis-directed himself in dismissing the reference petition on the ground that the Claimant/Appellant has never raised any objection in writing to the award at any point of time, which is contrary to the written objection filed by the Respondent. To substantiate his argument, Mr. Joshi files a photo copy of the objection filed by the Land Acquisition Zonal Officer, Boudh, dtd. 4/5/2020, wherein it has been clearly indicated that "the Appellant/Petitioner has received the compensation under protest". Further, he submits that there is no express provision under the RFCTLAR and R Act, 2013 to raise objections after passing of award by the Collector under Sec. -37 of the Act, 2013 except filing of reference Petition under Sec. -64 of the Act.