Orissa High Court
WP(C)/252/2021 on 3 March, 2021
Author: S.Panda
Bench: S.Panda
W.P.(C) No. 252 of 2021
W.P.(C) No. 252, 253, 259, 262 & 263 of 2021
02. 03.03.2021 Heard leaned counsel for the petitioner and
learned Addl. Government Advocate.
Petitioners in all these writ petitions seek for a
direction to opposite party Nos. 2 and 4 i.e. Director (R&R)-
cum-Additional Secretary to Government, Department of
Water Resources, Bhubaneswar and Project Director (R&R),
Lower Indra Irrigation Project, Khariar in the district of
Khurda to include the name of the petitioners in the list of
displaced families and to pay compensation amount towards
Rehabilitation Assistance for acquisition of land as more
than 75% land loss category under the Lower Indra
Irrigation Project, Khariar of village -Sandiabahali.
Since common questions of law involved in all
the writ petitions they are heard together and disposed of by
this common order.
Learned counsel for the petitioners contended
that the land of the petitioners was acquired by the
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Government for development of Lower Indra Irrigation
Project, Khariar at village-Sandibahnali under Odisha
Resettlement & Rehabilitation Policy, 2006. The opposite
party No.4 has made a survey and identified the displaced
families like the petitioners. The Government of Odisha
Department of Water Resources extended the evacuation
year cut off date up to 1.1.2014 for Rehabilitation Assistance
to the families affected by the project. In spite of the
representation as well as the application filed by the
petitioners the name of the petitioners have not included in
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the list of the displaced families nor estimated the
Rehabilitation Assistance in favour of the petitioners as more
than 75% land loss category under the Lower Indra
Irrigation Project, Khariar. He further submitted that
ventilating the grievance petitioners have filed representation
before opposite party No.4- Project Director (R&R), Lower
Indra Irrigation Project, Khariar in the district of Khurda
vide Annexure-3 series. However the same reveals that it
was not given in registered post rather by post as submitted
by learned counsel for the petitioners.
Considering the above, since no receipt thereof
has been filed, it is open to the petitioners to file fresh
representation along with copies of the writ petition before
opposite party No.2- Director (R&R)-cum-Additional
Secretary to Government, Department of Water Resources,
Bhubaneswar within a period of seven days from today in
such event the opposite party No.2 shall consider the same
in accordance with the scheme for rehabilitation and pass a
reasoned order after giving opportunity of hearing to the
petitioners. The entire exercise shall be completed within a
period of two months from the date of production of a
certified copy of the order.
The writ petitions are disposed of.
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S.Panda,J.
....................... S.K.Panigrahi, J 3