Remanded

Nimain Ch.Rana v. State of Odisha

Orissa HC9 Dec 2019WP(C)/20331/2017

Case brief

AI extract

What is this about?

The Court remitted the matter to the Tahasildar to reconsider compensation under Section 24(2) of RFLARR Act, 2013. Since the acquisition proceedings under the 1894 Act lapsed due to delayed payment after five years, fresh assessment was directed to be completed by March 2020.

What did the court decide?

Remitted the matter to the Tahasildar to recalculate compensation under the 2013 Act and deposit the balance in beneficiaries' accounts by March 2020.

Nimain Ch.Rana Vs State of Odisha — Land Acquisition | Orissa HC (2019)

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W.P.(C) No. 20331 of 2017

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09.12.2019 Heard learned counsel for the petitioners and learned Addl. Government Advocate.

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Petitioners in this writ petition seek for a direction to the opposite parties to pay the compensation amount by making the fresh assessment as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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It is contended by the learned counsel for the petitioners that pursuant to 4(1) made by the Government in 2011 the land of the petitioners were acquired in MouzaJhadabandh under Balimi P.S, Tahasil-Hindol in the district of Dhenkanal. Thereafter L.A. Case No. 14 of 2011 was initiated and award was passed on 26.12.2013. After three years of passing of the award the opposite party No.3Tahasildar-cum-Land Acquisition Officer, Odapada in the district of Dhenkanal issued notice to the beneficiaries on 16.11.2016 to receive the compensation. He further submitted that the petitioners are entitled to the benefit of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as per Section 24(2) of the said Act; as neither compensation paid nor possession of the land taken.

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Pursuant to the order dated 29.4.2019 the learned Addl. Government Advocate produced the records. Same be kept on record. Admittedly notice was issued to the beneficiaries to receive the compensation on 8.1.2014. However the beneficiaries refused to receive the notice. Thereafter neither the compensation amount deposited in

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their accounts nor in Court. Such notice received by the petitioners three years after the date of award in 2016.

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Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 reads as follows:-

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“24(2) Notwithstanding anything contained in sub-section(1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 1894), where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act:

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Provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under Section 4 of the said Land Acquisition Act, shall be entitled to compensation accordance with the provisions of this Act.”

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The aforesaid Act came into force with effect from 1.1.2014. The compensation amount has neither been paid to the beneficiaries nor deposited in Court in accordance with the said provision nor physical possession taken till date. In the meantime five years passed since the date of award i.e. 26.12.2013.

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Considering the aforesaid provision, we remit the matter back to opposite party No.3- Tahasildar-cumLand Acquisition Officer, Odapada in the district of

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Dhenkanal to reconsider the same in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and calculate the compensation amount. On calculation of the compensation amount the balance amount shall be deposited in the accounts of the beneficiaries. The above exercise shall be completed by end of March, 2020.

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The writ petition is disposed of.

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……………… S. Panda, J

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S.K.Sahoo, J

Nimain Ch.Rana v. State of Odisha

Case brief

What is this about?

What did the court decide?

Nimain Ch.Rana v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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