Orissa High Court
WP(C)/18055/2026 of DUSHMANTA KUMAR SAHU Vs PROJECT DIRECTOR PIU NATIONAL HIGHWAYS AUTHORITY OF INDIA, BHUBANESWAR on 8 July 2026
HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO.18055 OF 2026 Dushmanta Kumar Sahu …. Petitioner Mr. Tusar Kumar Mishra, Advocate -versus- Project Director PIU National Highways Authority of India, Bhubaneswar and Others …. Opp. Parties Mr. Manmaya Kumar Dash, Additional Standing Counsel
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) NO.18055 OF 2026
Dushmanta Kumar Sahu
….
Petitioner
Mr. Tusar Kumar Mishra, Advocate
-versus-
Project Director PIU National
Highways Authority of India,
Bhubaneswar and Others
….
Opp. Parties
Mr. Manmaya Kumar Dash,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SANJAY KUMAR MISHRA
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ORDER
Order No. 08.07.2026
02.
1. This matter is taken up through hybrid mode.
2. Petitioner in this writ petition prays for a direction to refer the matter to the Principal Civil Court having jurisdiction over the land acquired namely, learned District Judge, Anugola for apportionment of the compensation under Section 3-H(4) of the National Highways Act, 1956 (for brevity, ‘the Act’).
3. Mr. Mishra, learned Counsel for the Petitioner submits that for acquisition of land of the Petitioner and other co- sharers as per the Record of Rights under Annexure-1 by the National Highways Authority, compensation was awarded under Section 3-G of the Act.
4. The Petitioner claiming to be a shareholder, has filed an application before the Competent Authority, Land Acquisition (CALA)-cum-Tahasildar, Talacher-Opposite Party No.3 for referring the matter to the Principal Civil Court having jurisdiction over the land acquired under Section 3-H(4) of the Act, but the same is kept pending with the Opposite Party No.3 till date. Hence, this writ petition has been filed seeking for the aforesaid relief.
5. Taking into consideration the grievance of the Petitioner, this Court vide order dated 22.06.2026, directed the learned State Counsel to take instruction in the matter.
6. Mr. Dash, learned Additional Standing Counsel on receipt of instruction from CALA, Talacher vide letter no.669 dated 04.07.2026 submits that the matter shall be referred to the learned District Judge, Anugola under Section 3-H(4) of the Act within ten days from the date of the said letter.
7. Copy of the written instruction produced by Mr. Dash, learned Additional Standing Counsel is taken on record.
8. In view of such instruction, Mr. Dash, learned Additional Standing Counsel submits that the grievance of the Petitioner in the writ petition can be mitigated by directing the CALA, Talacher to refer the matter to the Principal Civil Court within ten days hence.
9. Taking note of the submissions made by learned Counsel for the parties, this Court without expressing any opinion on the merits of the case of the Petitioner in the application under Section 3-H(4) of the Act, disposes of the writ petition with a direction to CALA-cum-Tahasildar, Talacher to refer the matter to the learned District Judge, Anugola under Section 3-H(4) of the Act as expeditiously as possible preferably by 20th July, 2026.
10. Urgent certified copy of this order be granted on proper application as per rules.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
Banita Judge
Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 09-Jul-2026 18:47:01 Signature Not Verified