Orissa High Court
Budhudharua vs State Of Odisha And Others ..... ... on 4 March, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.6024 of 2025
BudhuDharua ..... Petitioner
Represented By Adv. -
Ms.SudhashreePasayat
-versus-
State Of Odisha and others ..... Opposite Parties
Represented By Adv. -
Mr. S.K. Parhi, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
04.03.2025 Order No.
02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto.
3. The present writ petition has been filed by the Petitioner with the following prayers:-
"It is, therefore, most humbly prayed that this Hon'ble Court be graciously pleased to admit this writ petition and issue a Rule Nisi calling upon the Opp. Parties to show cause;
I) Why the direction shall not be given to the Opp.
Parties specifically Opp. Party No.6 (i.e. DFO, Hirkud) to release the Compensation amount along with admissible interest thereof to the petitioner in view of the order passed by the learned Collector dated 04.05.2021 (U/Annexure-6) in compliance to Page 1 of 5. the order dated 29.01.2019 passed by this Hon'ble Court in CONTC No.338/2020.
II) Why the suitable action shall not be taken against the Opp. Party No.6 (i.e.DFO, Hurkud) for too delay in obtaining clarification from RCCF, Sambalpur Circle and PCCF, Odisha in view of the order passed by the learned Collector, Bargarh for releasing of Compensation to the petitioner' for his displacement of his village for acquisition of land for the wild life sanctuary.
III) Why the direction shall not be given to the Opp. Parties, specifically Opp. Party No.6 to release the compensation amount as per the order of the learned Collector forthwith.
If the Opp. Parties fail to show any cause or show any insufficient cause, the aforesaid Rule be made absolute by issuing an appropriate writ/writs.
And pass any other order/orders as would be deemed fit and proper in the facts and circumstances of the present case."
4. Learned counsel for the Petitioner, at the outset, contended that being aggrieved by non-payment of compensation due to displacement and relocation from Jhagadabehera Forest Village in the district of Baragarh in terms of order dated 04.05.2021 passed by the Collector, Bargarh, which was passed in compliance to order dated 29.01.2019 passed by this Court in CONTC No.338 of 2020, the Petitioner has approached this Court by filing the present writ petition. She further contended that although the Petitioner comes under the category of displaced person and he has been subjected to relocation, the Petitioner has not been considered under such category and, accordingly, he has not been paid compensation. She further contended that earlier the Petitioner had approached this Court Page 2 of 5. by filing W.P.(C) no.20668 of 2018, which was disposed of by a coordinate Bench vide order dated 29.01.2019. While disposing of the said writ petition, the learned coordinate Bench directed the Collector, Bargarh-Opposite Party No.2 to dispose of the representation of the Petitioner within a period of two months. She further contended that although the representation of the Petitioner was disposed of vide letter dated 04.05.2021, however, the grievance of the Petitioner has not been readdressed. Further, learned counsel for the Petitioner drew the attention of this Court to the order dated 04.05.2021 under Annexure-6. The said order reveals that the compensation has not been paid to the Petitioner as the D.F.O., Hirakud Wildlife Division, Sambalpur has sought for a clarification from the Regional Chief Conservator of Forest, Sambalpur Circle and the PCCF, Odisha, Bhubaneswar, regarding the eligibility of the Petitioner for getting relocation compensation. However, in the very same letter, the Collector, Bargarh, has clarified that on the verification of the documents submitted by the Petitioner and the D.F.O., Hirakud Wildlife Division, Sambalpur, it is confirmed that the Petitioner was a resident of Jhagadabehera Forest Village and that the Petitioner has been relocated since long and that he has not been paid with any compensation or financial benefits awaiting the report. Further, the order dated 04.05.2021 of the Collector,Bargarh reveals that he has taken a decision to await clarification from the Regional Chief Conservator of Forest, Sambalpur Circle and the PCCF, Odisha, Bhubaneswar. Being aggrieved by such inaction on the part of the Opposite Page 3 of 5. Parties, the Petitioner has approached this Court by filing the present writ petition.
5. Learned counsel for the State, on the other hand, contended that on perusal of order dated 04.05.2021 under Annexure-6 reveals that although the Petitioner along with seven members were displaced and relocated from Jhagadabehera Forest Village, however, they have not been paid compensation awaiting clarification from the Regional Chief Conservator of Forest, Sambalpur Circle and the PCCF, Odisha, Bhubaneswar. In such view of the matter, learned counsel for the State submitted that the prayer of the Petitioner has not actually been rejected by the Opposite Parties. Therefore, the present writ petition is not maintainable.
6. Having heard the learned counsels appearing for the respective parties and on a careful examination of their submissions made by the learned counsels appearing for the respective parties, further taking note of the order dated 04.05.2021 under Annexure-6, this Court is of the view that the Collector, Bargarh has categorically stated that the Petitioner is a displaced person who has been relocated to a different place. However, the prerogative of the Petitioner to get compensation or any financial benefits is to be considered only after receiving a confirmation from the office of the Regional Chief Conservator of Forest, Sambalpur Circle and the PCCF, Odisha, Bhubaneswar. Although such order was passed on 04.05.2021, however, it appears that the Petitioner has not been extended the Page 4 of 5. benefit of such relocation compensation or financial benefits.
7. In such view of the matter, this Court deems it proper to dispose of the writ petition at the stage of admission by directing the Opposite Parties No.2 and 3 to provide necessary clarification as sought for by the D.F.O., Hirakud Wildlife Division, Sambalpur and the Collector-cum-District Magistrate, Bargarh in its order dated 04.05.2021 under Annexure-6, within a period of six weeks from the date of communication of a copy of this order. Upon getting such clarification, the Opposite Party No.4 and 6 shall ensure that the Petitioner gets the relocation compensation and any other benefits as is due and admissible to the Petitioner in the event the Petitioner is eligible for such compensation. Any decision taken by the authorities be also communicated to the Petitioner expeditiously.
8. With the aforesaid observation and direction, the writ petition is disposed of.
( A.K. Mohapatra) Judge Debasis Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 06-Mar-2025 17:38:21 Page 5 of 5.