On a writ petition seeking rehabilitation assistance under the Odisha Rehabilitation and Resettlement Policy, 2006, the court, without deciding merits, granted liberty to file a representation before the Collector, Puri for reconsideration.
Liberty to file a representation before the Collector, Puri, with a certified copy of this order within two weeks.
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W.P.(C.) No. 2555 of 2013
16.07.2015
Heard learned counsel for the petitioner and Mr. Mishra, learned Additional G
overnment Advocate for the State.
In this writ petition, the petitioner prays for a direction to the opposite pa
rties to sanction and disburse the rehabilitation assistance to the petitioner under the Oriss
a Rehabilitation and Resettlement Policy, 2006.
Mr. Mishra, learned Additional Government Advocate submits that as per Clause-
20 of Odisha Resettlement and Rehabilitation Policy, 2006, an effective Grievance Redressal Me
chanism has been set up at District Level in Puri to deal with the grievances of the project D
isplaced People relating to land acquisition, resettlement and rehabilitation and the Collecto
r, Puri is hearing such grievances. According to him, instead of approaching this Court, the p
etitioner should have approached the said mechanism for redressal of his grievance.
Learned counsel for the petitioner submits that the petitioner may be permitte
d to file a representation before Collector, Puri-opposite party no.1 highlighting the grievan
ces as has been made in this writ application and opposite party no.1 may be directed to consi
der and dispose of the same.
Considering the submission made by learned counsel for the parties, without go
ing into the merits of the case, this Court gives liberty to the petitioner to file a represen
tation before opposite party no.1 highlighting the grievance as has been made in this writ app
lication along with
a certified copy of this order within a period of two weeks
hence. In case such a representation is filed, O.P.1 shall
dispose of the same in accordance with law as early as possible, preferably within a period of
two months from the date of filing of such representation along with the certified copy of th
e order, after giving opportunity of hearing to all the parties.
Learned counsel for the petitioner undertakes that the petitioner shall file t
he representation along with certified copy of the order before opposite party no.1 within two
weeks hence.
The writ petition is accordingly disposed of.
Issue urgent certified copy.
Pradip Mohanty, J
2 issues framed by the court
Whether the writ petitioner is entitled to a direction for rehabilitation assistance under the Odisha Rehabilitation and Resettlement Policy, 2006.
Whether the petitioner must first approach the District Level Grievance Redressal Mechanism under Clause-20 of the Policy before approaching this Court.
2 provisions across 2 enactments
Petitioner
Collector, Puri
State
Pradip Mohanty
As recorded by the court registry
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