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Supreme Court - Daily Orders

Pratima Mohanty vs State Of Odisha on 4 September, 2023

Author: Vikram Nath

Bench: Vikram Nath

                                                           1

     ITEM NO.52                                 COURT NO.8                        SECTION XI-A

                                   S U P R E M E C O U R T O F                I N D I A
                                           RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                             No(s).   8606/2021

     (Arising out of impugned final judgment and order dated 12-04-2021
     in WP(C) No. 27100/2013 passed by the High Court Of Orissa At
     Cuttack)

     PRATIMA               MOHANTY                                                   Petitioner(s)

                                                          VERSUS

     STATE               OF    ODISHA & ORS.                                         Respondent(s)

     Date : 04-09-2023 This petition was called on for hearing today.

     CORAM :
                           HON'BLE MR. JUSTICE VIKRAM NATH
                           HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH

     For Petitioner(s)                   Mr. Avijit Patnaik, Adv.
                                        Ms. Bhabna Das, AOR
                                        Ms. Shuvra Mohapatra, Adv.

     For Respondent(s)                  Mr. Ramendra Mohan Patnaik, AOR

                         UPON hearing the counsel the Court made the following
                                              O R D E R

1. By order dated 16.07.2021, this Court had already closed the issue with regard to the relief for allotment of land to the petitioner. However, notices were issued only with respect to the amount of compensation to be paid.

2. Under the Scheme of the Government, War-widows were entitled to allotment of 5 acres of agricultural Signature Not Verified land. In the present case, the husband of the Digitally signed by Neetu Khajuria Date: 2023.09.05 10:22:21 IST Reason: petitioner had died in the year 1983. However, the issue with regard allotment of land was closed by this Court for the reason that twice the land having been 2 offered and the petitioner having declined to accept, this Court found that the stand of the respondent(s) was justified in not allotting the land and offering Rs.50,000/- (Rupees fifty thousand only) as compensation as per the Government’s Resolution.

3. The amount of Rs.50,000/- (Rupees fifty thousand only) has been offered in the year 2008, whereas the petitioner had lost her husband in the year 1983 and today we are in the year 2023.

4. In the facts and circumstances of the present case, we feel that an amount of Rs.50,000/- (Rupees fifty thousand only) is too inadequate in lieu of allotment of five acres of land. As such, we enhance the said amount to Rs.5,00,000/- (Rupees five lakhs only), to be paid by the respondent(s) within a period of two months from today.

5. The above order has been passed in the peculiar facts and circumstances of the case and may not be treated as precedent.

6. The Special Leave Petition shall stand disposed of.

(NEETU KHAJURIA) (RANJANA SHAILEY) ASTT. REGISTRAR-cum-PS COURT MASTER