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Orissa High Court

WP(C)/34394/2020 on 25 January, 2021

Author: S.Panda

Bench: S.Panda

                                 W.P.(C) NO.34394 of 2020




02.   25.01.2021         This matter is taken up through video conferencing.
                   02.   Heard learned counsel for the petitioners and learned Addl.
                   Government Advocate.

                   03.   This Writ Petition has been filed by the petitioners with a
                   prayer to direct the opposite parties to sanction the Rehabilitation
                   Assistance in favour of the petitioners, who are displaced persons
                   of Villages : Litisargi, Jhagrahi and Mahulpada in the district of
                   Nuapada for acquisition of their land for the purpose of
                   construction of Lower Indra Irrigation Project, Khariar, within a
                   stipulated period.

                   04.   Learned counsel for the petitioners submitted that the lands
                   of the petitioners were acquired by the Government for the
                   purpose of construction of Lower Indra Irrigation Project, Khariar.
                   The petitioners have filed their application before the Project
                   Director (R&R), Lower Indra Irrigation Project, Khariar for inclusion
                   of their name in the list of 'displaced families' in order to get the
                   benefits   under     Rehabilitation   and   Resettlement    Scheme.
                   Thereafter field enquiry was conducted and a report was submitted
                   stating that the parental agricultural land including homestead land
                   of the petitioners have been lost in the project area as such they
                   are entitled for Rehabilitation Assistance being 'displaced persons'.
                   On receipt of the same, the Collector, Nuapada - opposite party
                   No.3 vide letter dated 14th July, 2020 under Annexure: 1 submitted
                   the revised estimate to the Director (R&R)-cum-Addl. Secretary to
                   Government, Department        of Water Resources - opposite party
      BP
                   No.2 for sanction and payment of rehabilitation assistance in
                   favour of the displaced persons of Kotmal Village under Lower
                       2




Indra    Irrigation   Project, Khariar. However, no action has been
taken till date for which the present Writ Petition.

05.     Considering the above, this Court disposes of this Writ
Petition with a direction to the Director (R&R)-cum-Addl. Secretary
to Government, Department of Water Resources - opposite party
No.2 to sanction the revised estimate submitted by the Collector,
Nuapada - opposite party No.3 vide letter dated 14th July, 2020
under Annexure: 1 for payment of rehabilitation assistance in
favour of the displaced persons of Village : Kotmal under Lower
Indra Irrigation Project, Khariar, as expeditiously as possible,
preferably by end of May, 2021 on production of a copy of this
order, if there will be no impediment.

06.     The parties may utilize the soft copy of this order available in
the High Court's website or print thereof at par with the certified
copy in the manner prescribed, vide Court's notice No.4587, dated
25.03.2020.
                                                             .       ..
                                                            S.Panda, J.

. . .

S.K.Panigrahi, J. 3