Petitioner sought compensation balance for a partially damaged house in the 2008 Phulbani riots. Court granted ₹10,000 despite state's objection regarding unfiled applications and NGO involvement.
Directing the Collector, Phulbani to pay the petitioner ₹10,000 within two weeks of receiving the certified copy of this Order.
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W.P.(C) NO.13245 of 2019
Heard learned counsel for the petitioner and learned ASC for the State.
The petitioner has filed this writ application for grant of Rs.10,000/- balance amount towards compensation for partially damaged house in 2008 Riot in Phulbani district. The petitioner is asserted to have received Rs.50,000/- towards construction of the damaged house and he is entitled to get Rs.10,000/- more.
Annexure- 4 to the writ application and Annexure- D/3 to the counter affidavit are same documents. On the basis of the said documents, it is averred in paragraph- 6 of the counter affidavit that the petitioner, after receipt of the first installment, should have filed an application for receipt of the second installment and after exhausting the second installment, he should have filed another application for receiving the third installment.
It is submitted by learned counsel for the State that the petitioner, having failed to file application in time, he is not entitled to receive the balance amount of Rs.10,000/-. It is further submitted by learned counsel for the State that the house, having been built by one NGO named “BAKI”,
the petitioner is not otherwise entitled to get the balance amount.
In reply, learned counsel for the petitioner submits that the NGO had supplied some Asbestos sheets and some Cement to the petitioner. They had not built the house completely. The petitioner, after exhausting the amount paid by the Government, has built the house and the photograph of the house is there in the documents vide Annexure- 4 to the writ application and AnnexureD/3 to the counter affidavit.
It is further submitted by learned counsel for the petitioner that only because the petitioner, by taking help from others, has built the house, that does not disentitle him to receive the balance amount of compensation.
Regard being had to the facts and submissions and the admitted fact that the house of the petitioner was partially damaged in 2008 Riot, the writ application is disposed of, directing the Collector, Phulbani to pay Rs.10,000/- (Rupees ten thousand) only to the petitioner within a period of two weeks from the date of receipt of a certified copy of this Order.
The writ application is accordingly
disposed of.
Urgent certified copy of this Order be granted as per rules.
………………………….
C.R. Dash, J.
Subha
Petitioner
State
C.R. Dash
As recorded by the court registry
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