Disposed

Kanak Adbong v. State of Odisha

Orissa HC24 Mar 2021WP(C)/4411/2021

Case brief

AI extract

What is this about?

Petitioners challenged non-payment of revised rehabilitation grants under the Land Acquisition Act, 1894 and the 2013 Act. The court directed petitioners to submit a comprehensive representation within fifteen days for a hearing and reasoned order within three months before disposing of the petition.

What did the court decide?

Directed petitioners to submit a comprehensive representation within fifteen days; case to be decided by speaking order within three months.

Kanak Adbong Vs State of Odisha — Land Acquisition | Orissa HC (2021)

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W.P.(C) No.4411 of 2021

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Present: SHRI S. K. MISHRA, J AND

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MISS SAVITRI RATHO, J

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Kanak Adbong & Another …… Petitioners. - VersusState of Orissa and Another …… Opposite Parties. For Petitioners : M/s. Bijaya Kumar Behera-1, For Opposite Parties : Mr. A.R. Dash, Addl. Government Advocate (Opposite Party Nos.1 to 4)

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24.03.2021 This matter is taken up through Hybrid mode.

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

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TUDU

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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:

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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”.

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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.

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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.

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Accordingly, the writ petition is disposed of. Urgent certified copy of this order be granted as

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per rules.

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Kanak Adbong v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kanak Adbong v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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