contravention of clause (i) and (n) of
section 4 of PESA. It is stated that such process of alienation does not
also affect any individual ... kisam, there arises no case for
contravention of the provision of PESA. The PESA has empowered the
Grama Sabha/Panchayat at appropriate level with
opposite parties further filed an additional affidavit, inter alia,
stating that PESA Act is not applicable in the present proceeding in view of
the fact ... issued on 21.12.1991, whereas the PESA Act came into force on
24.12.1996. They further state that out of the total displaced families, except
the families
petitioners on 31.5.2011. It is further stated that there is no provision
under the PESA Act to give fifteen days notice for convening the Gram ... objectors by the
Collector. Furthermore, the State authorities had complied with the
provisions of the PESA Act . The Gram Sabha was held prior
Odisha regarding
implementation of Panchayats (Extension to Scheduled Area)
Act (PESA Act ) in the State till date and that on the basis of the
report ... Fifth Schedule of the
Constitution of India, PESA Act will automatically apply.
Thereby, non-implementation of PESA Act is absolutely
arbitrary, unreasonable and contrary
background facts are that Respondent Nos.2 to 11 were
stated to be the road side vendors in and around Kutra Bus Stand
of Sundargarh ... District. In 2015, there was a proposal for
expansion of State Highway No.10 from Sundargarh to
Sambalpur. According to Respondent
petitioners and Mr. S.N. Mishra, learned Additional
Government Advocate for the State-opposite parties.
The petitioners are some of the villagers of Village-
Tunagambharia ... Additional Government
Advocate for the State, on the other hand, submits that
if there is any violation of PESA Act , then the Sub-
Collector, Baripada
life;
that the land acquisition is rational step in the State;
that no person is willing to lose any residential house for
the project ... Opposite Party No.7-Company
and the objection was from some of PESA Activists present in
each village."
With all these above contentions
Sukru Munda And Others vs State Of Odisha And Others .... Opposite ... on 6 September, 2021
Author: B.P. Routray
Bench: B. P. Routray ... Sukru Munda and others .... Petitioners
Mr.N.C. Jena, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr.J. Katikia, A.G.A.
CORAM
Dalhi Gram Panchayat of District-Sundargarh)
which was held under PESA Act, 1996 under
Annexure-3 and was intimated to the Authority
under Annexure ... molding of
reliefs in the bonafide interest of justice".
It is stated in the writ petition, that the petitioners
are filing this writ petition
Durga Bai Sahu vs State Of Odisha And Others on 19 October, 2012
Author: V
