Disposed

Dinabandhu Mishra v. NHAI

Orissa HC5 Sept 2017WP(C)/18818/2012

Case brief

AI extract

What is this about?

The Court disposed of the writ petition regarding compensation for land held in a deity's name. It granted liberty to the petitioner to approach the Commissioner of Endowments for release of funds, directing the Commissioner to decide within three months.

What did the court decide?

Liberty granted to petitioner to approach Commissioner of Endowments for release of compensation; Commissioner directed to dispose application within three months.

This writ petition has been filed praying for quashing the order of th e Competent Authority and Land Acquisition Officer, N.H.-203, Puri (opp.party no.2) for deposi t of the determined compensation amount in the name of the Deity, Sri Laxmi Nrusingh Dev Bije Dandamukundapur and for direction to release the compensation amount received in respect of th e acquired land, which has been kept in fixed deposit in the name of the Deity, Sri Laxmi Nrus ingh Dev Bije Dandamukundapur, in favour of the petitioner.

Learned counsel for the petitioner submits that the petitioner is the present Marfatdar of the Deity in whose name, the acquired land stood so recorded being repres ented by Marfatdar, Bhagaban Mishra who is the father of the present petitioner and the Deity according to the petitioner is a private one. It is also submitted that merely because the ac quired land stood recorded in the name of Sri Laxmi Nrusingh Dev Bije Dandamukundapur, the com pensation amount received from the National Highway Authority of India has been kept in fixed deposit in the name of the Deity. It is further submitted that as the Deity is a private one, the petitioner being the Marfatdar is entitled to get compensation amount in respect of the ac quired land for its utilization for the benefit of the Deity or to meet any such legal necessi ty of the Deity.

Learned counsel for the opp.party no.3-Asst. Commissioner of Endowment s submits that the acquired land has been recorded in the name of the Deity, Sri Laxmi Nrusing ha Dev, Bije Dandamukundapur. It is submitted that irrespective of the fact that whether the D eity is a public or private, permission upon consideration of the relevant factors would be ne cessary from the Commissioner of Endowments before release and utilization of the compensation amount either in part or otherwise by the Marfatdar.

He further submits that it is the Commissioner who is competent to acc ord permission for release of the compensation amount or any part thereof upon satisfaction ei ther on the factum of meeting the necessity of the Deity or for the Deitys benefit and thus it is open to the Marfatdar to approach the Commissioner in the matter.

Considering the submissions made and without expressing any opinion wi th regard to the merit of the contentions, the writ petition is disposed of granting liberty t o the petitioner to approach the Commissioner of Endowments, Bhubaneswar, Odisha seeking relea se of compensation amount or any part thereof under deposit in the name of the Deity, in case any such necessity stands or in order to benefit the Deity. In the event such an application i s filed, the Commissioner shall do well to dispose of the same, as expeditiously as possible, preferably within a period of three months from the date of receipt of such application, affor ding opportunity of hearing to the parties concerned.

Dinabandhu Mishra v. NHAI

Case brief

What is this about?

What did the court decide?

Dinabandhu Mishra v. NHAI

Case brief

What is this about?

What did the court decide?

What the court decided

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