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Daya @ Dayaram Bhoi @Dayaram Majhi v. State of Odisha

Orissa HC16 Sept 2020WP(C)/7109/2020

Case brief

AI extract

What is this about?

This single judge bench disposal directed the Director (R&R) to sanction and disburse outstanding decretal dues of Rs. 31,920/- and other amounts to the petitioner from the Lower Indra Irrigation Project land acquisition case within three months.

What did the court decide?

The respondent is directed to take steps for sanction of decretal dues and disbursement of compensation amount within three months from the date of receipt of the order.

Daya @ Dayaram Bhoi @Dayaram Majhi Vs State of Odisha — Land Acquisition | Orissa HC (2020)

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W.P.(C) NO.7109 OF 2020

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02. 16.09.2020 This matter is taken up through video conferencing.

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Heard learned counsel for the petitioner and learned Addl. Government Advocate.

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This Writ Petition has been filed by the petitioner with a prayer to direct the Director (R&R) & Ex-Officio, Addl. Secretary to Government, Department of Water Resources - opposite party No.3 to release the enhanced award amount in favour of the petitioner as per the calculation sheet submitted by the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar – opposite party No.2 on 27.01.2020 in connection with L.A.R. No.74 of 2011 within a stipulated period.

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Learned counsel for the petitioner submitted that for construction of Lower Indra Irrigation Project, Khariar, the land of the petitioner was acquired by the Government of Odisha vide notification dated 09.01.2001 and an amount of Rs.31,920/- was awarded in favour of the petitioner towards compensation. Being dissatisfied with the compensation amount against acquisition of his land, the petitioner has filed a protest petition, which was referred to the Court of learned Senior Civil Judge, Nuapada under Section 18 of the Land Acquisition Act, 1894 and was registered as L.A.R. No.74 of 2011. The court below by judgment dated 24.08.2018 disposed of the reference. Pursuant to such judgment, the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar – opposite party No.2 has prepared a calculation sheet of decreetal dues in L.A.R. No.74 of 2011 and quantified the compensation amount on 24.08.2018. Thereafter, opposite party No.2 has submitted the calculation sheet, copy of the judgment

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passed in L.A.R. No.74 of 2011 and other relevant documents before the Director (R&R)-cum-Addl. Secretary – opposite party No.3 on 28.01.2020 under Annexure: 2 for sanction of decreetal dues in favour of the petitioner. As the same has not been sanctioned and disbursed in favour of the petitioner till date, he has approached this Court in the present Writ Petition.

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Considering the above facts and circumstances, this Court disposes of this Writ Petition with a direction to Director (R&R) & Ex-Officio, Addl. Secretary to Government, Department of Water Resources - opposite party No.3 to take steps for sanction of the decreetal dues and disbursement of the compensation amount in favour of the petitioner in view of the letter dated 28.01.2020 submitted by opposite party No.2 under Annexure:2, as expeditiously as possible, preferably within a period of three months from the date of receipt of this order, if there will be no impediment.

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As the lock down period is continuing for COVID-19 the petitioner 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.

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……….………….. S.Panda, J.

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Daya @ Dayaram Bhoi @Dayaram Majhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Daya @ Dayaram Bhoi @Dayaram Majhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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