Orissa High Court
Unknown vs Hon'Ble The Chief Justice Mr. Mohammad ... on 22 October, 2020
Bench: Mohammad Rafiq, B.R. Sarangi
W.P.(C) No.26542 of 2020
HON'BLE THE CHIEF JUSTICE MR. MOHAMMAD RAFIQ
HON'BLE DR. JUSTICE B.R. SARANGI
2 22.10.2020 Mr. S. Mishra : For the Petitioners
Mr. A.R. Dash, A.G.A : For the State-Opp. Parties
ORDER
Heard learned counsel for the parties by video conferencing mode.
The petitioners, by way of Public Interest Litigation, have filed the present writ petition seeking direction to the opposite parties to expedite and complete the investigation in a time bound manner and unfurl the conspiracy of this man made breaches of embankments and further seek direction to the opposite parties to hand over the matter to an independent investigating agency, which shall conduct the enquiry in a time bound manner and further seek direction to opposite parties no.1, 2 and 3 to pay compensation to the victims of 13 panchayats for loss of their land, crops, houses and domestic animals with immediate effect.
The factual matrix of the case, in hand, is that there exist two roads called Kaima-Ramapur (Kelua right embankment) and another Niraghata Mangalapur (Kelua left embankment) in the block of Dharmasala district Jajpur. On 28.08.2020, due to a moderate flood on the river Brahamani and its branch river Kelua, water flow was near to the danger level and people were in panic apprehending heavy flood, but the river condition was normal. At about 10 'o' clock of 28.08.2020, people heard a -2- sound of explosion and when they came out of their houses found that there were breaches in left and right embankment of Kelua making devastations in the either sides of the river. The magnitudes of the breaches were so huge that it expanded to more than 300-400 ft. and within no time 13 panchayats were water logged, which persisted for a week and the condition of the humane lives and domestic animals even became difficult at their own place. Consequence thereof, thousands and thousands acres half produced agriculture got devastated and hundreds arces of land were spread over by sand.
The embankment of Ramapur and Brudhalinga (Kaima Ramapur Road) was constructed spending 24 crores of rupees from the State exchequer last year, i.e. on 2018 and 2019 and Niraghata Mangalpur embankment was constructed spending Rs. 6.50 crores three years back. Those embankments were strong enough to withstand heavy to heavy flood, but got devastated by the miscreants. The Deputy Executive Engineer, Irrigation Department, Jarka Division lodged FIR before Dharmasala Police Station on 29.08.2020 and the police registered the FIR bearing PS Case No.337 under Section 427/431 IPC and subsequently added sections 283/34 IPC r/w 3 PDPP Act. Due to such man made devastation, heavy damage caused to the locality. Hence this writ petition.
Mr. S. Mishra, learned counsel appearing for the petitioner contended that this Court should take cognizance of the fact that the FIR was lodged, but investigation of the case was not taken up and consequentially, the miscreants were scot free. More so, the damage caused to the people -3- be taken into consideration and award necessary compensation for the said purpose.
Mr. A.R. Dash, learned Additional Government Advocate for the State opposite parties contended that pursuant to FIR lodged by the Deputy Executive Engineer, Irrigation Department, Jarka Division, Police has registered Dharamasala P.S. Case No.337 under Section 427/431/283/34 IPC r/w 3 PDPP Act and investigation is going on. More so, on the basis of application filed before Lokayukta, Odisha, notice has been issued directing six persons to appear before the said forum. Therefore, if the petitioners have any grievance, they may approach the said forum agitating the same contentions as have been urged in this writ petition.
Having heard learned counsel for the parties and after going through the records, since for the self-same cause of action, a criminal case has been instituted by registering FIR and as such, the Lokayukta, Odisha is in seisin over the matter and has issued notice against six persons to appear before it, we are not inclined to entertain this writ petition in the nature of Public Interest Litigation. So far as the claim of compensation is concerned, that itself being an individual claim that can be agitated before the appropriate forum by filing suit. As such, this Court cannot assess the loss caused to the individual person. Therefore, this Court is not inclined to entertain the same on that score. However, liberty is granted to the petitioners to pursue their remedy before the Lokayukta, Odisha or before the criminal court or any other forum as deem fit in accordance with law.
-4-Accordingly, the writ petition is disposed of granting liberty as aforesaid.
As COVID-19 pandemic situation is continuing, learned counsel for the petitioner may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copies in the manner prescribed, vide Court's Notice No.4587, dated 25.03.2020.
(Dr. B.R. Sarangi) (Mohammad Rafiq)
Judge Chief Justice
Alok/Ashok