Petitioners challenged delay in land acquisition proceedings. This Court directed the Collector to verify records and dispose of the petitioners' representation within a stipulated time.
Direction to the Collector, Jharsuguda to verify records and dispose of the petitioners' representation in accordance with the law.
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W.P.(C) No. 2914 of 2017
Petitioners in this writ petition seek for a direction to opposite party No.2-Collector, Jharsuguda to dispose of the representation vide Anneuxre-3 within a stipulated time.
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Learned counsel for the petitioners submitted that the petitioners are the successors of Jogendra Patel who has 50% share in Khata No. 52. Petitioners are also the share holders and owners in possession of lands recorded under Khata No. 52 over Plot No. 1223 measuring an area Ac.0.09 dec. and Plot No. 1215 measuring an area Ac.0.86 of Mouza Gudigaon. The petitioners land was acquired by the Government pursuant to 4(1) of the Land Acquisition Act, 1894 dated 19.9.2009 for the purpose of setting of industry by Odisha Industrial Infrastructure Development Corporation. Thereafter declaration under Section 6(1) was made vide notification dated 17.2.2011 and the award was passed on 15.7.2013 beyond the period of two years. It is stated that in a similar matter this Court in W.P.(C) No. 14884 of 2011 has directed that in case the petitioner files a representation reiterating the grievances before the Collector in such event the Collector shall hear the matter. In view of such order the petitioners have already filed a representation reiterating their grievances before opposite party No.2Collector, Jharsuguda on 23.5.2016 however their representation has not yet been considered by opposite party No.2. He further submits that notice was issued to the
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petitioners to receive compensation vide Annexure-2 dated 15.7.2013 in respect of Land Acquisition Case No. 5 of 2006. Since the said notice was issued beyond the stipulated period the opposite party No.2-Collector, Jharsuguda shall consider their grievances.
The learned Addl. Standing Counsel submits that 6(1) notification was made on 28.7.2011 and award was passed on 15.7.2013 i.e. within the stipulated period. However the above dates are in dispute and no records are available to that effect.
Considering the above and since there is dispute regarding the notification dates, we dispose of the writ petition with a direction to opposite party No.2-Collector, Jharsuguda to verify the records and dispose of the representation of the petitioners in accordance with the law.
……………… S. Panda, J
…..……………… S.K.Sahoo, J
1 issue framed by the court
Whether the Collector should be directed to verify records and dispose of the petitioners' representation regarding delay in land acquisition proceedings.
Colour shows how this judgement treated each authority
W.P.(C) No. 14884 of 2011Referred¶5
2 provisions across 1 enactments
Successors of Jogendra Patel
Collector, Jharsuguda
S. Panda
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
