...1. Heard counsel for the petitioner and learned Addl. Government Advocate for opposite parties. This writ application arises against the decision of the Civil Judge (Senior Division), Anandapur, refusing to answer the reference made under section 18 of the Land Acquisition Act, on the ground that the Civil Court has no jurisdiction to consider the Kisam of...the land under section 18 of the Act. In the present case, after the award was made, the present petitioner had filed an application before the Land Acquisition Collector for making a reference to the Civil Court claiming higher compensation on the ground that the Kisam of...Acquisition Collector. The Civil Judge seems to be of the opinion that in a reference under section 18 of the Land Acquisition Act, the Civil Court can only decide the measure-ment of the land, the amount of compensation, the person to whom it is payable, or the apportionment of the compensation amongst the persons interested and since question of Kisam does...

...D. Dash, J.:— The petitioners, by filing this writ application, have prayed for a declaration that the action of the Collector, Kandhamal, (Opposite Party no. 2), Sub-Collector, Kandhamal, (Opposite Party no. 3) as also the Tahasildar, Khajuripada, (Opposite Party no. 3) in converting the Kisam of the land measuring...conferred by sub-paragraph 6 of the 5 Schedule of the Constitution of India.It is stated that the opposite party no. 4 suddenly affixed a proclamation/notification in mouza Kaladi and Tilakpada regarding establishment of Durgapati 8 Specialized India Reserved Battalion (hereinafter called as ‘the Battalion’) and for the purpose, ten plots of land of Gochar kisam in...Khata No. 218 measuring Ac.5.932 decimals have been converted to kisam Patita under Khata no. 220. It is said that said establishment of Battalion had been objected to by the people of the locality by conversion of said land from Gochar to Patita. It is further stated that although the petitioners and others had raised serious objection to such conversion of kisam of...

... 2. The factual matrix of the case is that an area of Ac.0.55 dec. under plot nos. 268 and 257/310 appertaining to Khata No.1 of Mouza- Balajipita of Berna kisam of Land belonging...Counsel for the Appellant- Union of India, drawing attention of this Court to para 10 of the impugned judgment, submitted that the Court below enhanced the compensation based on Ext.1, which does not disclose the kisam of land, though...compensation of Rs.60,000/- was awarded for acquisition of Ac.1.11 dec of land. Similarly, though the said judgment in M.J.C. No.186 of 1997 was exhibited through P.W.1 as Ext.1, during his cross- examination, the Claimant/Petitioner was unable to say the kisam of...

... 2. The factual matrix of the case is that an area of Ac.0.20 dec. under plot no. 258/311 appertaining to Khata No.40 of Mouza- Balajipita of Berna kisam of Land belonging...memorandum of appeal, learned Counsel for the Appellant- Union of India, drawing attention of this Court to para 10 of the impugned judgment, submitted that the Court below enhanced the compensation based on Ext.1, which does not disclose the kisam of land, though...compensation of Rs.60,000/- was awarded for acquisition of Ac.1.11 dec of land. Similarly, though the said judgment in M.J.C. No.186 of 1997 was exhibited through P.W.1 as Ext.1, during his cross- examination, the Claimant/Petitioner was unable to say the kisam of...

..., learned advocate, Additional Standing Counsel appearing on behalf of State. 3. He demonstrates from the affidavit, the Revenue Supervisor had found the land to bear kisam 'Chota Jungle'. The authority also found, inter alia, there was no valuable forest growth in the land and reservation proceedings had been completed in the village. Subsequent to the allotment there has since been correction of the...to record kisam of the land as 'Sarada-III'. 4. He draws attention to clause (b) in section 2, of Odisha Government Land.... Secondly, original allottee sold away soon after having got allotment giving rise to presumption that he was not without sustainable income, a criterion for allotment of the land for agricultural purposes. Thirdly, the land having kisam 'Chota...

...kisam of Lands belonging to the private Respondent were compulsorily acquired by the Government for the purpose of construction of Lanjigarh Road-Junagarh Rail Link Project vide Notification No.19714 dated 03.05.1994 and declaration no. 19158 dated 15.05.1995 in terms of Section 4(1) of the Land Acquisition...appeal, learned Counsel for the Appellant- Union of India, drawing attention of this Court to para 10 of the impugned judgment, submitted that the Court below enhanced the compensation based on Ext.1, which does not disclose the kisam of land, though...compensation of Rs.60,000/- was awarded for acquisition of Ac.1.11 dec of land. Similarly, though the said judgment in M.J.C. No.186 of 1997 was exhibited through P.W.1 as Ext.1, during his cross-examination, the Claimant/Petitioner was unable to say the kisam of...

... 2. The factual matrix of the case is that an area of Ac.0.98 dec. under plot nos. 254 and 256 appertaining to Khata No.41 of Mouza- Balajipita of Bahal and Berna Kisam of Land belonging...Appellant- 2 Union of India, drawing attention of this Court to para 10 of the impugned judgment submitted, the Court below enhanced the compensation based on Ext.1, which does not disclose the kisam of land though...compensation of Rs.60,000/- was awarded for acquisition of Ac.1.11 decimal of land. Similarly, though the said judgment in M.J.C. No.186 of 1997 was exhibited through P.W.1 as Ext.1, during his cross-examination, the Claimant/Petitioner was unable to say the kisam of...

...defendants and recovery of possession. The plaintiffs claim to be the rightful owners of the schedule "A" and "B" lands as also to be in possession thereon. The Tahasildar and Revenue Officer, Balangir initiated a sou motu ceiling proceeding against the plaintiffs under chapter IV of the OLR Act, 1960 in the year 1975 being Case No. 2251 of 1974, changing the kisam of land and...parte. It was admitted that the holding no. 162 was recorded in the name of the plaintiff but they are no longer the owners in possession of the same as the entire land was vested to the State in view of the decision rendered in the OLR case. Further, the kisam of.... 2. The suit was filed by the plaintiffs for declaration that the schedule land is Class-IV land and does not come under the category of Class-II land along with perpetual injunction against the...

.... 1 Pattnaik, learned A.S.C. for the State Appellant admits that the land of the present Respondent was acquired by the State Government pursuant to Notification dated 13.03.2015 and the mouza and kisam of...the land, which was subject matter in LAA No.11 of 2022, are also similar as of the land of the present Respondent. The only difference between the earlier Appeal i.e. LAA No.11 of 2022 and this Appeal is that in the said Appeal, the kisam of...lands acquired were Sarada-III so also Gharabari kisam of land whereas in the present...

...& III kisam of land and Rs.13,20,000/- per acre for Taila-II kisam of land. In addition thereto, it was also ordered that the Petitioner (present Respondent) is entitled to get cost of trees so also...moved before the concerned Land Acquisition Officer (LAO) for enhancement of the compensation, which resulted in the reference made under Section 64 of the Act, 2013. The matter being so referred, the Court below, after recording the evidences of the parties and taking into consideration the argument of the learned Counsel for the parties, enhanced the compensation amount to Rs.49,50,000/- per acre for Sarada- II & III kisam of land and....13,20,000/- per acre for Taila-II kisam of land, apart from ordering to pay other dues payable in accordance with law, as has been detailed above. 3. Heard Mr. T. Pattanaik, learned Additional Standing Counsel for the Appellant...

...Contractors Pvt. Ltd. by means of a registered sale deed dated 24.10.2008 The sale was detected by the Vigilance Department to be an outcome of fraud by falsely projecting the Kisam of the land. Accordingly...to Ac.13.32 dec. to the same accused D. Sitaram vide RSD No. 869 dated 24.10.2008 of Sub-Registrar, Sukinda. In both the RSDs, the vendors have falsely shown kisam of land as ‘Biali’, i.e, Agricultural land against Plot no. 2/55 of Mouza-Jamuposi and Plot no. 1/437 of Mouza-Dhanurjaypur instead of showing the actual...Tahasil allowed execution of both the Deeds and released the RSDs in favour of the accused purchaser Sri. D. Sitaram without verifying the kisam of the land as required under the guidelines issued by...

...the factum of possession of the suit land as claimed as also all other facts in connection thereto, as has been pleaded by the Plaintiff. It has categorically stated that the land is not recorded in the name of Municipality. 5. The Defendant No.2 has also denied that the factum of of possession over the suit land as projected by the Plaintiff. It is stated that the suit schedule property is under the Kisam "Pani...in the name of the State and its Kisam is "Pani Nala". The Plaintiff from the very beginning claims that the suit land belongs to the Municipality. That has been her pleading and she has also so stated...title by adverse possession over this particular land in view of its nature is untenable. The reasons are as follows. The kisam of the land is "Pani Nala" which is meant for passing of rain and waste...

...petitioner's case. This apart, since none of the private opposite parties appeared before the Court below and did not raise any objection, in absence of any such objection, rejection of the claim of petitioner becomes illegal. So far as the observation of the appellate Court regarding change of Kisam of the land since...consequence of which, the claim at the instance of the petitioner in the objection case also remains valid, this Court finds the observation of the original authority as well as the appellate authority are improper and not in appropriate consideration of the factual aspect available in the matter. So far as the observations in relation to change of Kisam of the land as...petitioner claimed that out of the aforesaid land she has purchased an area of Ac.0.06 decimals 9 Kadi from Kailash Chandra Jena-opposite party No. 3 and Baikuntha Jena-opposite party No. 4. Both of them...

...Kisam Forest Land is being usurped by Respondent No.6 for the benefit of Respondent No.7 i.e., M/s Western Integrated Waste 2...no Forest Clearance has been obtained. 3. Mr. Sankar Prasad Pani, learned Counsel for the Applicant has referred to the Bhulekh Record at page 40 of the Original Application and submits that in respect of the land in dispute i.e. Khatian No.1023, Plot No.5 though under the head "Kisam" it...is mentioned "Taila-2" but under the 'remark' column the nature of the land has been described as "Sabik Kisam Jungle...

...Mouza Girishpur and restore it to the local villagers for their use.4. Learned counsel for the petitioner submits that the schedule land was of Kisam ‘Gochar’ which was...been in favour of the Government in respect of the schedule land and as it is made to appear that the ‘Kisam’ of the land was illegally converted to ‘Gharabari’ subsequently reconverted to ‘Gochar.... 3 should be directed to be examined and disposedof as against the background facts that such encroachment has been even after conversion of the land to ‘Gochar’ from ‘Gharabari...

...-3 pending before opposite party no. 4 within a stipulated time.2. The short facts of the case in hand are that the villagers of Andeisahi under Champati Grama Panchayat were using a piece of Government land bearing Plot No. 616 under Khata No. 353 area Ac.1.000 of the Kisam “Gochar...has the power to convert Kisam of the land from “Gochar” to “Patit” by following due procedure of law and as such the present application is premature and the same should not be entertained...this application seeking direction to the opposite parties to allow them to use Plot No. 616 under Khata No. 353 of area Ac.1.000 with Kisam “Gochar” and to dispose of their representation vide Annexure...

... 3. It was submitted by ld AR that the ld CIT(A) has dismissed the appeal of the assessee without giving adequte opportunity. It was the submission that even the Assessing Officer has passed the assessment order on the basis of R.I. report regarding the kisam of the land, which...homestead land. It is on the basis of the R.I. report, which is behind the back of the assessee. No doubt the non-submissions of the documents were attributable to the assessee. However, before us, ld AR...assessee against the order of the ld CIT(A), NFAC, Delhi No.ITBA/NFAC/S/250/2022 2016-17. 2. Shri Natabar Panda, ld AR appeared for the assessee...

... 3. It was submitted by ld AR that the ld CIT(A) has dismissed the appeal of the assessee without giving adequte opportunity. It was the submission that even the Assessing Officer has passed the assessment order on the basis of R.I. report regarding the kisam of the land, which...homestead land. It is on the basis of the R.I. report, which is behind the back of the assessee. No doubt the non-submissions of the documents were attributable to the assessee. However, before us, ld AR...assessee against the order of the ld CIT(A), NFAC, Delhi No.ITBA/NFAC/S/250/2022 2016-17. 2. Shri Natabar Panda, ld AR appeared for the assessee...

...HT line. However, observing that drawal of HT line over the cultivable land poses danger to the land owner and further the Opposite Party No. 1 cannot convert the kisam of the land to homestead...Party No. 1 for drawal of 132 KV HT line over her land. 2. Mrs. Pattnaik, learned counsel for the Petitioner made an elaborate submission with regard to power...conferred on the authority to grant compensation for drawal of HT line over a private land. It is her submission that drawal of HT line does not itself make the owner of the land entitled for compensation...

...have filed their counter affidavit, inter alia, pleading that the land measuring Ac.4.48 dec. appertaining to Hal plot no. 512 under Hal Khata No. 100 of village Jharbeda is recorded in favour of the State in Rakshita holding and the kisam of...the land is Jalasaya/2 and the said tank is locally known as “Satrusagar Tank”. It is further stated that adjacent to the said land, another plot of land appertaining to Hal Khata No. 166 of village Sanmunda measuring Ac.7.23 dec. under Hal Plot No. 1562 is also recorded in favour of the State and the kisam of...the residents of the village and cattle and for irrigation of agriculture land. As such, the petitioners are facing a lot of difficulties. The petitioners, therefore, pray for a provision of water...