Orissa High Court
WP(C)/12755/2020 on 4 June, 2020
W.P.(C) No. 12755 OF 2020
02. 04.06.2020 The petitioner, being a construction company, has filed this writ petition seeking direction to the opposite parties to take steps to facilitate the smooth execution of the project i.e. "Jagdalpur-Koraput Doubling Project" and further seeks direction to opposite parties no. 3 and 4 to demarcate the railway land at the 194.450 Kilometer mark to enable the petitioner to set up their site office and restrain the opposite party no.5 and his men from entering upon and interfering with the work in question as set forth in Annexure-1.
2. The petitioner-company was awarded with a contract by the opposite party no.1, vide contract agreement dated 09.08.2017, for execution of "Jagdalpur-Koraput Doubling Project". The work was related to execution of earthwork in formation, minor bridges, limited height subways and other allied works from KM 189.907 to km 196- 739 of Koraput, including Manabar (up to SCB) Section on KK line WAT Division, East Coast Railway. The petitioner had commenced the work from the starting point and has progressed up to the 194 km mark where he needs to set up a camp office for further progress of the work. The petitioner had to identify and make a camp office where it could be able to put all the heavy machineries and instruments to be used to proceed with the project. Accordingly, the petitioner identified an area and informed opposite party no.1, vide letters dated 24.07.2017 and 26.07.2017 for their camp office and laboratory for the said project, which was to be established at the location of Kumbha Village, which is at km 194.450. On a joint verification made by the petitioner and opposite party no.1, the opposite party no.1 identified the land boundary marks by erecting poles and allowed the petitioner to execute the work as well as accorded permission to them to set up the camp office and concrete batching plant. Pursuant to such permission accorded by opposite party no.1, the petitioner was executing the project without any disturbances and hindrances, but opposite party no.5 along with 2 other local people started creating disturbances in the camp site of the petitioner and tried to enter forcibly into the camp site and the premises of the petitioner's office and plant. As a result, there was obstruction of smooth functioning in execution of railway project. The petitioner moved the local authorities, namely, opposite parties no. 3 and 4 to ensure smooth progress of the work by non- interference by local goons including opposite party no.5. On the basis of an unnoticed demarcation carried out by opposite party no.4, the boundary erected by the railway authorities was disputed. Consequentially, the office of the petitioner has been grossly affected. Since the petitioner is undertaking a project of national importance and carried on the project in a time bound manner, the creation of hindrance for execution of work at the camp office hampered progress of the project and simultaneously caused indiscipline in the locality. Hence this application.
3. Mr. G.Mukherji, learned Senior Counsel appearing along with Mr. P. Mukherji, learned counsel for the petitioner contended that if the demarcation has been made by opposite parties no. 2 and 3 in presence of the petitioner, as well as opposite parties no.1, 4 and 5 and on the basis of such demarcation if the boundary will be determined, it will not cause any prejudice to any person so as to allow the project to run smoothly.
4. Mr. D.K. Sahoo, learned counsel appearing for the Railway Department contended that if proper demarcation will be made by opposite parties no. 3 and 4, the dispute that was raised by opposite party no.5 can be resolved for all times to come.
5. Mr. D. Mohanty, learned Addl. Government Advocate appearing for the State contended that in order to resolve the dispute with regard to demarcation of the land, let the petitioner and opposite party no.1 approach the opposite parties no. 3 and 4, and on such approach being made the opposite parties no. 3 and 4 will 3 take immediate steps for demarcation of land in presence of the petitioner, opposite parties no. 1 and 5 so as to resolve the dispute of the boundary for all time to come.
6. Considering the contention raised by learned counsel for the parties and after going through the material available on record, this Court disposes of the writ petition with the direction that in the event the petitioner, along with opposite party no.1, makes an approach to opposite parties no. 3 and 4 for demarcation of the land, opposite partyno.4 shall take necessary steps for such demarcation in presence of the petitioner as well as opposite parties no. 1 and 5, which will not cause prejudice to anybody. This court directs all the parties to cooperate opposite party o.4 to have the demarcation of the land as expeditiously as possible, preferably within a period of four weeks from the date of passing of this order.
With the above observation and direction, this writ petition stands disposed of.
(Mohammad Rafiq) Chief Justice (Dr. B.R. Sarangi) Judge Ajaya