Orissa High Court
Sakutala Sasamal @ Baral vs State Of Odisha And Others .... Opp. ... on 19 May, 2022
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) NO. 9684 of 2022
Sakutala Sasamal @ Baral Petitioner
Mr. Shivsankar Mohanty, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Swayambhu Mishra,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 19.05.2022 3. 1. This matter is taken up through hybrid mode.
2. The grievance of the Petitioner in this writ petition is with regard to construction of Micro Composting Centre-cum-Garbage Duping Yard over the land of the Petitioner in Draft Khatian No.643/Gha, Hal Plot No.2015/2944 corresponding to Sabik Khata No.415, Sabik Plot No.1602(P) to an extent of Ac.9.60 decimals situated in mouza Konark under Gop Tahasil in the district of Puri.
3. Taking into consideration the grievance of the Petitioner, this Court vide order dated 21st April, 2022 directed learned State Counsel to take instruction as under:
"1. This matter is taken up through hybrid mode.
2. Mr. Mishra, learned AGA shall take instruction as to whether the land in Plot No.1602 (Part) under Khata No.415 to an extent of Ac.2.25 decimals out of Ac.9.60 decimals situated in mouza Konark has been alienated in favour of Konark Notified Area Council. Further, if the same has not been alienated, whether possession has been given for installation of Micro Composting Center-cum- Garbage Dumping Yard or not.
3. Put up this matter on 12th May, 2022. Instructions, if any, shall be obtained in the meantime.Page 1 of 4
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4. A copy of the order shall be handed over to Mr. Mishra, learned AGA for communication and compliance."
4. The matter was again taken up on 12th May, 2022 on which date learned State Counsel, on instruction, submitted that the land in Plot No.1602 (part) under Khata No. 415 to an extent of Ac.2.25 decimals ouit of Ac.9.60 decimals situated in mouza Konark has not yet been alienated in favour of Konark NAC for installation of Micro Composting Centre-cum-Garbage Dumping Yard. In that view of the matter, this Court while adjourning the matter to this day directed the Tahasildar, Gop to demarcate the land in question over which NAC Konark is making construction of Micro Composting Centre-cum-Garbage Dumping Yard by serving notice on the Executive Officer, N.A.C., Konark as well as on the Petitioner. Accordingly, demarcation was made and the Tahasildar, Gop vide his Letter No. 2784 dated 18th May, 2022 intimated as under:
"Sir, With reference to the order on the subject cited above, R.I. Konark was directed to conduct field enquiry and demarcate the dispute land vide this office letter no.2770 dt. 17/5/2022. Accordingly, R.I., Konark conducted enquiry and demarcated the suit land in the presence of parties on dt. 17/5/2022 and communicated the report to this office vide his letter no.95 dt. 18/5/2022.
The report submitted by R.I., Konark reveals that Ac.3.35 dec of land out of plot no.1599 and Ac.0.65 dec. of land out of plot no.1602, Total Ac.4.00 dec shown in the blue mark area under sabik khata no.415 of Mouza- Konark was duly approved by the site selection committee for the purpose of construction of Micro Composting Centre-cum-Garbage Dumping Yard. But the construction work is going on over Ac.2.25 dec of Page 2 of 4 // 3 // land not over the selected site. This Ac.2.25 dec of land neither approved by the site selection committee nor alienated in favour of N.A.C. On the spot this Ac.2.25 of land comes within the area of the petitioner so far as the Not Final R.O.R. and map relating to hal plot no.2615/2944 Ac.9.60 in the name of Nidhi Biswal is concerned.
The Xerox copy of R.I. report attached herewith for ready reference.
Considering the above noted facts the fate of the case may please be decided.
This for favour of your kind information and necessary action."
(emphasis supplied)
5. In view of the above, it prima facie appears that Micro Composting Centre-cum-Garbage Dumping Yard is being constructed over a portion of the land recorded in the name of the Petitioner in the draft Khatian R.O.R. It also appears that Micro Composting Centre-cum-Garbage Dumping Yard is not being constructed over the selected site.
6. In that view of the matter, this Court feels that the matter requires consideration. Hence, issue notice.
7. Mr. Mishra, learned Additional Standing Counsel accepts notice on behalf of Opposite Party Nos. 1, 2 and 4, three extra copies of the writ petition shall be served on learned State Counsel by 23rd May, 2022 in order to enable him to take complete instruction in the matter and file counter affidavit, if so advised.
8. Issue notice to the Opposite Party No. 3 by speed post with A.D. fixing a short returnable date, requisites for which shall be filed by 23rd May, 2022.
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9. Put up this matter on 25th July, 2022 along with tracking report of Postal Department.
10. In the interim, it is directed that no further construction of Micro Composting Centre-cum-Garbage Dumping Yard shall be made by the Konark NAC over the land on which it is being constructed at present, till the next date.
11. A free copy of this order be handed over to Mr. Mishra, learned Additional Standing Counsel for communication and compliance.
(K.R. Mohapatra)
bks Judge
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