Disposed

Mandar Mallik v. State of Odisha

Orissa HC15 Sept 2020WP(C)/23382/2020

Case brief

AI extract

What is this about?

Writ petitions seeking compensation and rehabilitation benefits under the 2013 Land Acquisition Act for landholders in Puri district. The Court disposed of matters by directing petitioners to approach the Land Acquisition Officer individually for recognition as affected persons to trigger statutory enquiry and disbursement of benefits.

What did the court decide?

Direction to petitioners to approach Land Acquisition Officer individually to be recognized as affected persons; officer to conduct enquiry within three months and disburse benefits if entitled.

Mandar Mallik Vs State of Odisha — Land Acquisition | Orissa HC (2020)

¶1

W.P.(C) No. 23382 of 2020

¶2

02. 15.09.2020

¶3

W.P.(C) Nos. 23382, 23384, 23386, 23388, 23389 and 23391 of 2020

¶4

These matters are taken up through video

¶5

conferencing.

¶6

Heard learned counsel for the petitioners and learned Additional Government Advocate for the State.

¶7

Since common questions of facts are involved in all these Writ Petitions, they are taken up together and disposed of by this common order.

¶8

The petitioners in these Writ Petitions pray for a direction to the opposite parties to grant compensation as well as the benefits under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

¶9

The grievance of the petitioners in all these Writ Petitions is that the Government in the Department of Revenue and Disaster Management issued a Notification on 13.05.2010 in L.A. Case Nos. 4 of 2009, 5 of 2009 and 6 of 2009 for acquisition of land in Mouza-Samanga, Sireikona and Uttarkona in the district of Puri for the purpose of construction of a Project namely “ Sourcing of 75 MLD Drinking Water for supply of Puri Town and Samuka Beach Project ”. According to the petitioners, since the land which were in possession of the petitioners were acquired for the said purpose along with Government land, the petitioners are entitled to the benefit under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013.

¶10

Arun

¶11

Learned Additional Government Advocate submitted that the above facts are not being enquired into by the competent authority.

¶12

Considering the above, this Court disposes of all these Writ Petitions with an observation that it is open to the petitioners to approach the Land Acquisition Officer, Puri – opposite party No.3 by filing proper application individually, along with a copy of this order within a period of two weeks from today to get the benefit under the aforesaid project being the affected persons, in such event the said opposite party shall conduct an enquiry and pass necessary orders in accordance with law within a period of three months thereafter. If it is found that the petitioners are entitled to any benefit, the same shall be disbursed in their favour.

¶13

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

¶14

S. Panda, J.

¶15

S.K. Panigrahi, J.

Mandar Mallik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Mandar Mallik 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

Parties & counsel

Coram

Case details

Similar cases

Dayanidhi Behera Vs State of Odisha

Santoshananda Brahmachari Chela Guru Bisweswar Chand Vs State of Odisha

Alok Pattanaik Vs the State of Odisha

Alok Kumar Singh Vs State of Odisha

Soumya Mohanty Vs Union of India

Apurba Prakash Parida Vs State of Odisha