Disposed

Sukanta Jena v. State of Odisha

Orissa HC12 Dec 2019WP(C)/21250/2019

Case brief

AI extract

What is this about?

In these writ petitions seeking compensation and rehabilitation under the 2013 Land Acquisition Act, the Court disposed of the matter by directing petitioners to approach the Land Acquisition Officer within 15 days to claim affected person status, with an order for enforcement within three months.

What did the court decide?

Direction to petitioners to approach Opposite Party No. 3 within 15 days for compensation and rehabilitation; Opposite Party No. 3 to complete enquiry within three months.

Sukanta Jena Vs State of Odisha — Land Acquisition | Orissa HC (2019)

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W.P.(C) No. 21250 of 2019

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W.P.(C) Nos. 21250, 21252, 21255, 21257, 21259, 21261, 21262, 21263, 21265, 21266 & 21267 of 2019

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12.12.2019

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

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Since common question of law is involved in all these writ petitions, they are heard together and disposed of by this common order.

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Petitioners in these writ petitions seek for a direction to the opposite parties to grant compensation as well as claim for Rehabilitation and Resettlement under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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Learned counsel for the petitioners contended that the land in question i.e. Plot No. 118 is recorded as ‘patita’ in the Record of Right as such it was recorded in the name of the Government. However the said land was included in the project namely, “Sourcing of 75 MLD Drinking Water for supply of Puri Town and Samuka beach project” which was published by the Government in the Department of Revenue and Disaster Management through a notification in the year 2010. The Government decided to acquire some land including the Government land for the said project. A sketch map along with the land schedule was furnished by the petitioners along with the additional affidavit on 18^th November, 2019 in connected writ petition i.e. W.P.(C) No.20501 of 2019. He further submitted that since the petitioners are is in possession of the part of the

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land out of Plot No. 118 under Khata No. 106 in MouzaSireikona unauthorisedly they are also entitled to the benefit under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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The learned Addl. Government Advocate submitted that the above facts are not being enquired by the competent authority.

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Considering the above, we dispose of the writ petitions with an observation that it is open to the petitioners to approach the opposite party No.3-Land Acquisition Officer, Puri by filing proper application along with a certified copy of this order within a period of 15 days from today to get the benefit under the aforesaid project being the affected persons, in such event the opposite party No.3 shall complete the enquiry within a period of three months in accordance with the law and thereafter consequential benefit will be given to the petitioners.

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S. Panda, J

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…..……………… S.K.Sahoo, J

Sukanta Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sukanta Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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