SARAT MOHANTY Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Petitioner in this writ petition seeks to assail the order dtd. 17/2/2025 (Annexure-5) passed by the Zone Officer-cum-L.A. Collector, Subarnarekha Irrigation Project, Laxmiposi Zone, Baripada (Opposite Party No.2) in not entertaining an application filed under Sec. 73(1) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for brevity, 'the Act') and referring the matter back to the Authority for adjudication.

(3.) Mr. Nayak, learned counsel for the Petitioner submits that for acquisition of land of the Petitioner pertaining to Plot No.638 (Sarad-III) measuring an area of Ac.1.13 dec. under Khata No.137/34 of Mauza Nalagaja sand Plot No.606 measuring an area of Ac 0.09 dec, Plot No.607 measuring an area of AC 0.08 Dec, under khata no.18 of Mauza Nalagaja under Tahasil-Rasgobindpur in the district of Mayurbhanj (for brevity, 'the case land'), compensation was also awarded in favour of the Petitioner. Some of the co-villagers being not satisfied with the quantum of compensation in their favour filed an application before the Collector, Mayurbhanj to refer the matter to the Authority. Accordingly, their applications were referred to the Authority under Sec. 64 of the Act and compensation awarded in their favour was enhanced. The Petitioner stating that the land of Sribatatsha Mohanty of village-Nalagaja, P.S.-Morada in the district of Mayurbhanj acquired under the same notification was enhanced by the LAR&R Authority, Cuttack in L.A.R. Case No.185 of 2022 vide judgment dtd. 11/4/2023, filed an application under Sec. 73(1) of the Act for enhancement of the compensation.