Court allowed petitioners to file a representation before the Chief Industrial Commissioner within 15 days for consideration regarding revised rehabilitation grant dues under the 2013 Act.
Petitioners directed to submit a representation within 15 days for consideration of their case with disposal within three months after hearing.
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W.P.(C) No.4408 of 2021
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Present: SHRI S. K. MISHRA, J AND
MISS SAVITRI RATHO, J
Pitambar Adbong and Another …… Petitioners. - VersusState of Orissa and Another …… Opposite Parties. For Petitioners : Mr. Bijay Ku. Behera-1 For Opposite Parties : Mr. A.R. Dash, Addl. Government Advocate (Opposite Party Nos.1 to 4)
Heard learned counsel for the petitioners and learned Additional Government Advocate.
TUDU
In this writ petition, the petitioners seeks to challenges the inaction on the part of opposite parties regarding nonpayment of revised Rehabilitation Assistance grants in monetary terms for acquisition of land for construction of Lower Indra Irrigation Project, Khariar, Dist-Nuapada under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. There is no dispute at this stage that the Govt. of Odisha acquired the land of the petitioners for ongoing irrigation project under the Land Acquisition Act, 1894. Learned counsel for the petitioner drew attention of the Court to Rule 13 of the Indexation of Rehabilitation Grant, which is quoted below:
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“13. Indexation Rehabilitation Grant:
Rehabilitation grant will be indexed to the Wholesale Price Index (WPI) with 01.04.2006 as the reference date and will be revised by the Government once in every two years thereafter the basis of WPI”.
Further referring to Annexure-1, Govt. of Orissa, Revenue and Disaster management Department, contention of the learned counsel for the petitioners is that they have been paid dues but at a later date without taking into consideration the revised compensation. So, it appears that the petitioners have good grounds for consideration of their case.
Hence, petitioners are directed to produce the certified copy of this order along with a properly comprehensive and articulated representation before the Opposite Party No.4 within a period of fifteen days hence. On such event, the case of the petitioners shall be considered and disposed of after affording reasonable opportunity of hearing to the petitioners by a speaking and reasoned order, within a period of three months therefrom.
Accordingly, the writ petition is disposed of.
Urgent certified copy of this order be granted as
per rules.
………..…………..
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1 issue framed by the court
Whether petitioners are entitled to challenge inaction of government regarding nonpayment of revised Rehabilitation Assistance grants under the Right to Fair Compensation and Transparency in Land Acqu
3 provisions across 3 enactments
Pitambar Adbong
State of Orissa
S. K. MISHRA
SAVITRI RATHO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
