Ambuj Dal v. State of Odisha
Case brief
What is this about?
Writ petition seeking direction to pay rehabilitation assistance to petitioner as a displaced family under the Odisha Resettlement and Rehabilitation Policy, 2006. Court directed authorities to verify the claim and dispose of the representation after hearing.
What did the court decide?
Direction to Collector and Director to verify petitioner's representation and dispose within three months after hearing.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) No.10533 of 2020
- 04.06.2020
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.
- 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.
- 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.8. 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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Issues for consideration
2 issues framed by the court
Whether the petitioner is entitled to rehabilitation assistance as a displaced family under Odisha Resettlement and Rehabilitation Policy, 2006.
Whether the respondent authorities were obligated to directly pay rehabilitation assistance without prior verification of the petitioner's claim.
Parties & counsel
- petitioner
Petitioner
- respondent
Director (R&R)-cum-Joint Secretary to Government in the Department of Water Resources
- respondent
Collector & District Magistrate, Nuapada
- respondent
Project Director (R&R), Lower Indra Irrigation Project, Khariar
Coram
Case details
As recorded by the court registry
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