SUBASH MOHANTY v. NATIONAL HIGHWAY AUTHORITY OF INDIA REPRESENTED THROUGH ITS PROJECT DIRECTOR, NHAI, JAJPUR
WP(C)/23605/2024 · 2025-03-25
S K Panigrahi
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 57743 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57743 (ORI) · dailylaw.ai ]
Judgment text
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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.23605 of 2024
Subash Mohanty …. Petitioner Represented By Adv. Ms. P. Pattnaik -versus-
Union of India & Ors. …. Opposite Parties Represented By DSGI Mr. P. K. Parhi Along with Mr. D. Gochhayat, CGC Mr. U. C. Mohanty, Adv.
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order No.
ORDER 25.03.2025
06.
1. This matter is taken up through hybrid arrangement.
2. The Petitioner has filed this Writ Petition challenging the notice dated 12.08.2024 issued by the Project Director, National Highways Authority of India, PIU-Chandikhole.
3. Heard learned counsels for the Parties.
4. Learned counsel for the Petitioner submits that the Petitioner has opened a commercial establishment after securing his right, title and interest over the property in question. The Petitioner has also obtained license from the competent authorities for the same. While the p. 2p. 2 Petitioner was continuing his peaceful possession over the property, the Project Director, National Highways Authority of India, PIU-Chandikhole has issued the notice of eviction dated 12.08.2024 directing the Petitioner for removal of unauthorized occupation of the land in question.
5. Learned counsel for the NHAI submits that if the Petitioner is a recorded tenant and he is having valid documents to prove the ownership of the land in question, he can approach the Land Acquisition Officer & Competent Authority-cum-Tahasildar, Kujang for redressal of his grievance.
6. Considering the submissions made by the learned counsel for the Parties, without going into the merits of the claim of the Petitioner, this Court directs the Petitioner to approach the Land Acquisition Officer & Competent Authority-cum-Tahasildar, Kujang by way of a representation along with all the documents pertaining to his ownership within a period of one week from the date of obtaining/receiving the certified copy of this
order. In such event, the said authority shall consider the representation to be filed by the present Petitioner within a period of one month thereafter. p. 3p. 3
7. It is made clear that no coercive action shall be taken against the Petitioner till the representation to be filed by the present Petitioner is disposed of by the Land Acquisition Officer & Competent Authority-cum- Tahasildar, Kujang.
8. Accordingly, the Writ Petition is disposed of.
(Dr. S.K. Panigrahi) Judge Sumitra