Disposed

Hemanti Majhi v. State of Odisha

Orissa HC4 Jun 2020WP(C)/10532/2020

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What is this about?

The court directed the Respondents to verify the petitioner's grievance regarding non-payment of rehabilitation assistance for land acquired for the Lower Indra Irrigation Project within a specified timeline after representation to the District Magistrate.

What did the court decide?

Direction to R&R officials and Project Director to pay rehabilitation assistance if representation filed; time-bound verification and disposal by District Magistrate after hearing.

Hemanti Majhi Vs State of Odisha — Land Acquisition | Orissa HC (2020)

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W.P.(C) No.10532 of 2020

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04.06.2020

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Heard Mr. Bijaya Kumar Behera-1, learned counsel for the petitioner and Ms. Suman Pattnaik, learned Additional Government Advocate for the State-opposite parties by Video Conferencing mode.

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By means of this writ petition, the petitioner seeks for a direction to the Director (R&R)-cum-Joint Secretary to Government in the Department of Water Resources-opposite party no.2 and the Project Director (R&R), Lower Indra Irrigation Project, Khariaropposite party no.4 to pay the estimated amount towards rehabilitation assistance to the displaced families as per the letter dated 06.12.2017 issued by the Collector & District Magistrate, Nuapada for acquisition of land for the purpose of construction of Lower Indra Irrigation Project, Khariar in the district of Nuapada.

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Learned counsel for the petitioner submits that the land of the petitioner was acquired for the aforesaid project. According to him, opposite party no.4-Project Director (R&R), Lower Indra Irrigation Project, Khariar has submitted the list of displaced families under Annexure-3, pursuant to the letter dated 02.08.2017 of the Director (R&R)-cum-Joint Secretary to Government in the Department of Water Resources-opposite party no.2 and in the said list, the name of the petitioner finds place at Sl. No.2. Accordingly, the Collector & District Magistrate, Nuapada has also submitted a proposal to opposite party no.2 for sanction of the rehabilitation assistance to the displaced families. He further submits that as per the provisions of Odisha Resettlement and Rehabilitation Policy, 2006, the petitioner being declared as “Displaced Families” is entitled to compensation under the said policy of 2006. However till date no rehabilitation assistance has been extended to him.

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-2-

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Considering the above, we dispose of this writ petition with a direction that in case the petitioner files a representation ventilating his grievance before the Collector & District Magistrate, Nuapada-opposite party no.3 along with relevant documents within a period of two weeks from today, in such event the said opposite party shall verify the records and dispose of the representation of the petitioner within a period of three months thereafter after giving opportunity of hearing to the petitioner and result thereof shall be communicated to the petitioner.

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As lock-down period is continuing for COVID-19, learned counsel for the petitioner may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587, dated 25.03.2020.

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(Mohammad Rafiq) Chief Justice

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(Dr. B.R. Sarangi) Judge

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SKJ

Hemanti Majhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Hemanti Majhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

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