Disposed

Baikuntha Dalabehera v. State of Odisha

Orissa HC5 Feb 2019WP(C)/982/2019

Case brief

AI extract

What is this about?

The Court held that title disputes in land acquisition compensation cases fall under Section 64 of the RFLA 2013. It directed the Collector to refer the matter to the Land Acquisition Authority once notified, keeping interest on the amount in a bank.

What did the court decide?

Direction to the Land Acquisition Collector to refer the matter to the Land Acquisition Authority once notified and keep compensation in an interest-bearing bank account.

Baikuntha Dalabehera Vs State of Odisha — Land Acquisition | Orissa HC (2019)

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W.P.(C) NO.982 OF 2019

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05.02.2019

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Heard learned counsel for the petitioner, learned Addl. Government Advocate and learned counsel for opposite party No.6, who has entered appearance by filing Vakalatnama in Court today.

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This Writ Petition has been filed by the petitioner challenging the inaction of the Land Acquisition Collector – opposite party No.3 in not disbursing the award amount in favour of the petitioner in respect of his land acquired for the purpose of construction of Khurda Road – Balangir Rail link project.

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Learned counsel appearing for opposite party No.6 submitted that the predecessor-in-interest of the petitioner have alienated their share long before acquisition of the land and he is not entitled to any compensation in respect of the land acquired for the above project. Opposite party No.6 has filed his objection before the Land Acquisition Collector, which has not been dealt with.

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Learned Addl. Government Advocate on instruction submitted that the Land Acquisition Officer – opposite party No.3 has already passed the award, however as there are several claimants and they have raised disputed questions of title, the compensation amount has not been disbursed as yet.

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Considering the above facts and circumstances, since the dispute regarding to whom the compensation amount is payable is coming within the scope of Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Land Acquisition,

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Rehabilitation and Resettlement Authority is to adjudicate the same. However, as the said authority has not yet been notified by the State Government, we dispose of this Writ Petition with a direction to the Land Acquisition Collector - opposite party No.3 to refer the matter to the authority immediately after publication of the notification by the Government, in such event the Land Acquisition, Rehabilitation and Resettlement Authority shall issue notice to the parties and consider their claim in accordance with law. The compensation so awarded by the Land Acquisition Officer – opposite party No.3 be kept in an interest bearing account of any Nationalized Bank, so that the same can fetch some interest which can be disbursed in favour of the parties.

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The Writ Petition is accordingly disposed of.

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A free copy of this order be supplied to learned Addl. Government Advocate for onward communication.

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Baikuntha Dalabehera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Baikuntha Dalabehera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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