Writ petition filed seeking direction to grant compensation for acquired land under the Right to Fair Compensation and Transparency in Land Acquisition Act. Court disposed of the petition with an observation and direction.
Petitioner directed to file fresh representation; opposite party to decide within eight weeks after hearing.
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W.P.(C) No. 8650 of 2020
conferencing.
Heard learned counsel for the petitioner and learned Addl. Government Advocate.
Petitioner in this writ petition seeks for a direction to opposite parties to grant compensation on acquisition of land bearing Plot No.7 under Khata No. 47 of Mouza-Saranga under Talcher Tahasil measuring an area Ac.3.15 dec. as has been granted to other similar situated persons as provided under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
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Learned counsel for the petitioner contended that the aforesaid land of the petitioner was acquired by the M.C.L. without giving any compensation to the petitioner. He further submits that the similar situated persons have been granted their compensation on acquisition of their land by the M.C.L. but the petitioner has not yet been granted any compensation. Reiterating the aforesaid grievance petitioner has filed a representation before opposite party No.1 vide Annexure-7 dated 20.8.2019. As no action has been taken on the representation of the petitioner hence the present writ petition.
Considering the above, we dispose of the writ petition with an observation that in case the petitioner files a fresh representation before opposite party No.3-General Manager, Mahanadi Coal Fields Limited, Talcher in such event the opposite party No.3 shall consider the
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representation of the petitioner in accordance with the statutory scheme/benefit which he is entitled to after giving opportunity of hearing to the parties and dispose of the same within a period of eight weeks from the date of filing of such representation
……………… S.Panda,J.
…..……………… S.K.Panigrahi, J
1 issue framed by the court
Whether the petitioner is entitled to compensation for acquired land under the Land Acquisition Act comparable to similar situated persons.
1 provisions across 1 enactments
Petitioner
General Manager, Mahanadi Coal Fields Limited, Talcher (Opposite Party No.3)
S.Panda
S.K.Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
