Orissa High Court
John Mahipal Minz And vs Union Of India And Others .... Opp. ... on 15 May, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.14006 of 2025
John Mahipal Minz and
others .... Petitioners
Mr. Soumendra Pattanaik,
Advocate
-versus-
Union of India and others .... Opp. Parties
Mrs. Sephalee Das,
Central Govt. Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 15.05.2025
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This writ petition has been filed by the petitioners with the following prayer:
"i) Admit the writ petition.
ii) Direct the opp. parties Authority to take Signature Not Verified Digitally Signed Signed by: RAJESH KUMAR BADHEI appropriate decision in consonance with the Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-May-2025 16:10:00 Resolution of Gramsabha of the Scheduled area (i.e. Dalhi Gram Panchayat of District-Sundargarh) which was held under PESA Act, 1996 under Annexure-3 and was intimated to the Authority under Annexure-7.
iii) Direct the Authority to realign the route and construction of new Pool/Bridge over the upper side of existing Bridge which is a straight root and Acquisition of Land would be no harm to the land loosers and further to avoid the multiple displacement problem and availability of large Page 1 of 2 number of government lands.
iv) to pass any such other order/s direction/s as may be deem fit and proper (including molding of reliefs in the bonafide interest of justice".
It is stated in the writ petition, that the petitioners are filing this writ petition both in their individual capacity as well as in the representative capacity of all tribal persons, who are adversely affected by the impugned land acquisition in village Dalki Gram Panchayat in the district of Sundargarh, where a pool/bridge, is proposed to be constructed in spite of the resolution of Grama Sabha for realignment and relocation of the bridge.
In view of nature relief sought for, let the Registry examine the matter and place a note as to whether it is public interest litigation or the same is to be dealt by this Bench.
( S.K. Sahoo) Judge ( S.S. Mishra) Judge Rajesh Page 2 of 2