Orissa High Court
Jagannath Sahu & Others vs State Of Odisha & Another .... Opposite ... on 12 October, 2023
Bench: D.Dash, G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.32421 OF 2023
Jagannath Sahu & Others .... Petitioners
Mr.S.Sahoo, Advocate
-versus-
State of Odisha & Another .... Opposite Parties
Mr.G. N. Rout, ASC
CORAM:
MR. JUSTICE D.DASH
MR. JUSTICE G. SATAPATHY Order ORDER No. 12.10.2023
01. 1. This matter is taken up through hybrid arrangement (virtual/physical) mode.
2. The Petitioners, by filing this Writ Petition, have invoked the jurisdiction of this Court under Article 226 of the Constitution, with the prayer to direct the Opposite Party No.2 to pay compensation of Rs.3,25,906.75/- towards acquisition of his land for construction of Rengali Dam Project.
3. Heard learned counsel for the Petitioners and learned Additional Standing Counsel.
4. Keeping in view the submissions made and on going through the averments taken in the Petition as well as the documents annexed thereto; it is seen that the Petitioners had moved the Competent Authority under section 28-A of the Land Acquisition Act, 1894 (for short, 'the LA Act'). The Competent Authority in that proceeding appears to have re-determined the compensation not only in respect of the land of the Petitioners, which had been acquired but also for the trees and house. It has also awarded the interest from the date as has been awarded in favour of the person, who was pursuing the reference under section 18 of the // 2 // L.A Act and basing on whose award, the Petitioners had sought for re-determination of the compensation even though, the Petitioners had not moved for any reference and were silent.
5. Learned counsel for the State submits that in the situation as aforesaid, it would be ideal if the Petitioners move the Collector, Deogarh by filing an application for redressal of his grievances and he would then do further needful.
In view of the submission as above, without expressing any opinion on the merit of the claim of the Petitioners, the present application stands disposed of granting liberty to the Petitioners to file an application before the Collector, Deogarh within two weeks hence narrating all their grievances for their redressal and in that event, the Collector would do well to consider the same on its own merit and dispose of it in accordance with law within a period of three weeks from the date of receipt of the application and intimate the result thereof to the Petitioners within a week thereafter.
Issue urgent certified copy of this order as per rules.
(D. Dash) Judge (G. Satapathy) Judge Basui Signature Not Verified Digitally Signed Signed by: BASUDEV NAYAK Reason: eMudhra.App.Views.PartialControls.SigningModeTab.Signi ngTabViewModel Location: ORISSA HIGH COURT Date: 13-Oct-2023 17:03:50 Page 2 of 2