Orissa High Court
WP(C)/7791/2019 on 4 November, 2019
Author: S. Panda
Bench: S. Panda
W.P.(C) No. 7791 of 2019
3. 04.11.2019
Heard learned counsel for the petitioner and learned
Additional Government Advocate.
The petitioner in this writ petition challenges the
action of the opposite parties in issuing notice of eviction to the
petitioner without paying him any compensation in violating the
provisions of Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Learned counsel for the petitioner submits that the
petitioner is in possession of the Government land measuring an
area of Ac.0.010 decimal out of the total area of Ac.0.940 dec.
under Khata No.96, Plot No.28/3 of Mouza-Jamseth in the
district of Bargarh. The said land is reserved for Basti as the
category of land is "Abadi". The notification dated 11.02.2010
issued by the Government of Orissa in Revenue and Disaster
Management Department to amend the Orissa Government Land
Settlement Rules, 1983, which came into force on the date of
publication. Rule 5-B is substituted as follows:-
"5-B- Settlement of Khasmahal, Nazul,
Gramakanta Paramboke and Abadi lands :-
Notwithstanding anything contained in rules 3, 5, 5-A,
8, 11, 12, 13, settlement of Khasmahal and Nazul land
leased out, and Gramakantha Paramboke and Abadi
land occupied, prior to 26th day of February, 2006 and
used for homestead purpose shall be made in the
manner prescribed in Schedule V"
According to him, in view of the aforesaid provision,
the petitioner filed an application for settlement of the land
Ks.
which was registered Lease C/R No. 743 of 2012 before the
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Tahasildar, Paikmal. The same was rejected by the Additional
Tahasildar, Paikmal. The petitioner challenged the said order in
an appeal before the Sub-Collector, Padampur, which is
registered as OGLS Appeal No. 03 of 2019. The said appeal is
pending subjudice. According to learned counsel for the
petitioner, till disposal of the appeal, the petitioner may not be
evicted. He further submitted that since the type of land is
"Abadi" and is coming under the purview of the amended rules,
as well as the petitioner is in possession of the land prior to the
cut off date, he will suffer irreparable loss being a land less
person.
The Government has already notified the said area to
construct Biju Expressway for public purpose. Since, as stated
above, the petitioner is in possession of the said land and the
appeal filed by him is pending decision, we dispose of the writ
petition directing the appellate authority, i.e. the Sub-Collector,
Padampur to hear the appeal and dispose of the same in
accordance with law as expeditiously as possible, preferably
within a period of two months from today, on production of the
certified copy of order. For convenience of the parties, this Court
directs the petitioner to appear before the appellate authority on
15.11.2019 and on his appearance, the appellate authority shall
fix the date and proceed with the matter. In case the petitioner is
succeeds in the said appeal, his right will be determined in
accordance with law. Till disposal of the appeal, the petitioner
shall not be evicted from the land in his possession.
........................
S. Panda, J.
.......................... S.K.Sahoo, J.
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