This writ petitioner sought a direction for payment of land compensation under the Land Acquisition Act. The High Court directed the Director (R&R) to sanction the amount and the Special Land Acquisition Officer to disburse it by November 2020.
Direction to Director (R&R) to sanction the compensation amount and to SLAO to disburse the same by November 2020.
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W.P.(C) No.16761 of 2020
2. Petitioner in this writ petition seeks for a direction to opposite party Nos.3 & 2 i.e. Director (R&R) & Ex-officio Additional Secretary to Government, Department of Water Resources, Orissa, Bhubaneswar and Special Land Acquisition Officer-cum-R.R. Officer, Lower Indra Irrigation Project, Khariar Nuapada respectively to pay the compensation for acquisition of land for construction of Lower Indra Irrigation Project Khariar as per the calculation sheet made under Annexure-2 dated 06.03.2020.
3. Learned counsel for the petitioner submits that petitioner has filed an application for higher compensation which was referred to Civil Court for adjudication. The Civil Court registered it as L.A.R. No. 2 of 2014 and same was disposed of and higher compensation was awarded. Thereafter, the petitioner filed an application under Section 28-A of the Land Acquisition Act for redetermination of compensation on the basis of compensation awarded by the Civil Court before opposite party No.2. The opposite party No.2 by order dated 15.2.2020 disposed of the application by re-determining the compensation amount. The opposite party No.2 submitted the calculation sheet to opposite party No.3 on 06.3.2020 for sanction of the decreetal amount for payment of the same to the petitioner. He further submitted that till date the amount has not been disbursed.
4. In view of the above, we dispose of the writ petition with a direction to opposite party No.3 to sanction the amount at an early stage and thereafter the opposite party No.2-Special Land
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Acquisition Officer-cum-R.R. Officer, Lower Indra Irrigation Project, Khariar in the district of Nuapada shall take expeditious step for disbursement of the compensation amount. The entire exercise shall be completed by end of November, 2020.
As Lock-down period is continuing for COVID-19, learned counsel 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.
(Mohammad Rafiq) Chief Justice
(Dr. B.R. Sarangi) Judge
SKJ/SKG
1 issue framed by the court
Whether a direction can be issued to the acquiring authority to sanction and disburse the compensation amount by a fixed date.
1 provisions across 1 enactments
Petitioner
Director (R&R) & Ex-officio Additional Secretary to Government, Department of Water Resources, Orissa
Special Land Acquisition Officer-cum-R.R. Officer, Lower Indra Irrigation Project, Khariar
Mohammad Rafiq
Dr. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
