p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). No. 28224 of 2024 Rabindra Das …. Petitioner Mr. Ajit Kumar Tripathy, Advocate -versus- 1. The Union of India, represented through its Secretary, Road and Transport, New Delhi. 2. The Manager, National High Way Authority of India, New Delhi 3. The Land Acquisition Officer (National High Way -cum- Authorized Officer), Khurda, Bhubaneswar …. Opp. Parties Mr. Amit Kumar Saa, C.G.C. (for O.P. No.1) Mr. Ajit Patnaik, Advocate (for O.P. Nos. 2 and 3) CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO ORDER Order No. 02.09.2025 03. 1. This matter is taken up through hybrid mode. 2. Appearance memo of Mr. Amit Kumar Saa, learned Central Government Counsel appearing on behalf of the Opposite Party No.1 is filed in Court today. The same is taken on record. 3. Petitioner in this writ petition prays for the following relief:- “Under these circumstances, the petitioner prays that Your Lordship would be pleased to pass appropriate direction to L.A. Authority to deposit the compensation amount in Nationalised Bank with compound interest as applicable to Bank with p. 2 further direction to the Opposite party No.3 to proceed with L.A. Case No. 43/8 of 2013; And pass any other order/orders, direction/ directions as this Hon'ble Court deems just, fit, equitable and proper in the facts and circumstances of the present case in order to give complete reliefs; And for this act of kindness, the petitioner as in duty bound shall ever pray.” 4. In course of hearing, Mr. Ajit Kumar Tripathy, learned counsel for the Petitioner submits that after the award has been passed under Section 3-G (1) and (2) of the National Highways Act, 1954 (for brevity “the Act”), the Petitioner filed an objection with regard to apportionment of the compensation. The said application is still pending with the Competent Authority, Land Acquisition Officer (National Highway), Bhubaneswar. He therefore submits that the objection filed by the Petitioner be referred to the Civil Court for taking a decision on the apportionment of the compensation. 5. Mr. Ajit Patnaik, learned counsel appearing for the National Highways Authority -Opposite Party Nos. 2 and 3 submits that due to pendency of W.P.(C) No. 13307 of 2017, no action has been taken by the Competent Authority. The matter has been kept in abeyance on the request of the parties to the award. 6. In view of the submission made by learned counsel for the Parties, this Court feels that the Competent Authority – Land Acquisition Officer (National Highway), Bhubaneswar without keeping the matter pending with itself, should have referred it to the Civil Court for adjudication of the reference. Page 3 of 3 7. Accordingly, it is directed that the objection filed by the Petitioner shall be referred to the Civil Court for proper adjudication in view of Section 3-H(4) of the Act. 8. The Writ Petition is accordingly disposed of. 9. The case record of W.P.(C) No. 13304 of 2017 be detached and send back to the concerned section immediately for taking steps to list the matter before the assigned Bench. (K.R. Mohapatra) Judge (Savitri Ratho) Judge Sukanta Designation: Senior Stenographer