Orissa High Court
Rajindra Dal @ Rajin vs State Of Odisha And on 7 August, 2024
Bench: S.K. Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.18762 of 2024
Rajindra Dal @ Rajin ..... Petitioner
Dal
Mr. B.K. Behera-1,
Advocate
-versus-
State of Odisha and
others ..... Opp. Parties
Mr. R.N. Mishra,
Addl. Govt. Advocate
for all the opp. parties
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 07.08.2024
01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
In this writ petition, the petitioner Rajindra Dal @ Rajin Dal has challenged the letter no.793 dated 26.04.2024 passed by the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar (opp. party no.5) rejecting his claim for payment of estimated amount of Rs.8,26,000/- (eight lakhs twenty six thousand) towards rehabilitation assistance to the displaced families in village Dargaon due to construction Page 1 of 4 of Lower Indra Irrigation Project, Khariar and further prayer has been made for direction to the opp. party nos.2 and 5 to pay such revised estimated amount.
Learned counsel for the petitioner drew the attention of this Court to Annexure-2, which is a list of displaced families prepared by the Project Director (R&R), Lower Indra Irrigation Project, Khariar, wherein the name of the petitioner finds place at serial no.84. It is specifically mentioned that as on 01.01.2014, the age of the petitioner was twenty two years.
Learned counsel for the petitioner submitted that since the amount was not paid to the petitioner, he approached this Court in W.P.(C) No.17509 of 2023 challenging the inaction of the opp. parties regarding non-payment of the estimated amount towards Rehabilitation Assistance to the displaced families as per letter dated 06.12.2017 issued by the Collector & District Magistrate, Nuapada in respect of acquisition of the land of the petitioner for the purpose of construction of Lower Indra Irrigation Project, Kharia, which was disposed of on 10.08.2023 directing the Director (R&R)- cum-Addl. Secretary to Govt., Department of Water Resources, opp. party no.2 to sanction the proposal submitted by the Collector, Nuapada, opp. party no.3 vide letter dated 06th December 2017 under Annexure-2 for payment of rehabilitation assistance in favour of the displaced persons of village-Dargaon under Lower Indra Page 2 of 4 Irrigation Project, Khariar as expeditiously as possible, preferably by end of November, 2023 on production of a certified copy of this order, if there will be no impediment.
Learned counsel for the petitioner further submitted that since the order was not complied with, the petitioner filed a contempt petition vide CONTC No.1459 of 2024, which was disposed of as withdrawn on 15.07.2024. An intimation was given to the petitioner vide letter no.795 dated 26.04.2024 under Annexure-7 by the Spl. L.A. & R.R.O, Lower Indra Irrigation Project, Khariar (opp. party no.5) that he is not eligible to get the amount in question due to non-submission of sufficient document in support of date of birth of the petitioner and accordingly, his claim was rejected.
Learned counsel for the petitioner further drew the attention of this Court to the birth certificate of the petitioner under Annexure-8 which indicates that the date of birth of the petitioner is 30.10.1992 and as such, the petitioner was twenty two years as on 01.01.2014. Learned counsel further submitted that the date of birth of the petitioner has rightly been reflected in Annexure- 2 and therefore, the rejection order dated 26.04.2024 passed by the opp. party no.5 is illegal.
Issue notice to the opp. parties on the question of admission indicating therein that the matter shall be disposed of at the stage of admission.
Page 3 of 4Learned counsel for the State accepts notice on behalf of all the opposite parties. Let a copy of the writ petition along with all the annexures be served on him within this week.
Put up this matter in the week commencing from 02.09.2024.
Counter, if any, be filed in the meantime serving a copy of the same on the learned counsel for the petitioner.
( S.K. Sahoo) Judge (Chittaranjan Dash) Judge sipun Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 08-Aug-2024 18:53:46 Page 4 of 4