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Ganga Soren v. State of Odisha

Orissa HC21 Jun 2016WP(C)/19247/2015

Case brief

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What is this about?

This Writ Petition addresses petitioners' grievance regarding non-refer of their applications for higher compensation to the competent court under Section 18 of the Land Acquisition Act, 1894. The Court directed the Land Acquisition Officer to refer these applications expeditiously.

What did the court decide?

Directed Land Acquisition Officer to refer applications for higher compensation to competent court; allowed petitioners four weeks to apply for benefits under Orissa Resettlement and Rehabilitation of

Ganga Soren Vs State of Odisha — Land Acquisition | Orissa HC (2016)

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W.P.(C) NO.19247 OF 2015

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21.6.2016 Heard learned counsel for the petitioners and learned Addl. Government Advocate.

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The grievance of the petitioners in this Writ Petition is that they have filed applications for higher compensation being dissatisfied with the award dated 06.12.2013 passed by the Land Acquisition Officer, Subarnarekha Irrigation Project, Bahalada – opposite party no.3 in L.A Case No.11 of 2012, however, their applications have not been referred to competent court under Section 18 of the Land Acquisition Act, 1894.

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The petitioners contended that their land was acquired for the purpose of Subarnarekha Irrigation Project, Bahalada in the district of Mayurbhanj. Being dissatisfied with the award passed by the Land Acquisition Officer, they have filed applications for higher compensation. However, their applications have not been referred to competent court under Section 18 of the Land Acquisition Act, 1894. The further grievance of the petitioners is that they are entitled to get benefit under Orissa Resettlement and Rehabilitation of Policy, 2006.

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Considering the limited grievance of the petitioners, without going into the merits of the case, this Court disposes of all these Writ Petitions with a direction to the Land Acquisition Officer, Subarnarekha Irrigation Project, Bahalada – opposite party no.3 to refer the applications filed by the petitioners to the competent court as provided under Section 18 of the Land Acquisition Act, 1894 as expeditiously as possible, which shall be considered in accordance with law. So far as the benefit under Orissa Resettlement and Rehabilitation of Policy, 2006 is concerned, in case the

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petitioners file applications before the Collector, Mayurbhanj – opposite party no.2 within a period of four weeks from today, in such event, the said opposite party shall consider the same in terms of the aforesaid Policy, 2006, as expeditiously as possible, preferably within a period of eight weeks thereafter.

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��.. S.Panda, J.

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…………………….. K.R.Mohapatra, J.

Ganga Soren v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ganga Soren v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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