Writ petition challenging Government's inaction on non-payment of revised rehabilitation grants for land acquired for Lower Indra Irrigation Project. Court directed Respondents to consider petition petition within 3 months after hearing. Matter disposed of.
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W.P. (C) No.5572 of 2021
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Rupsingh Majhi and others ….. Petitioners
Vrs.
State of Odisha and others .. …. Opp. parties
02 06.04.2021
This matter is taken up through Video Conferencing
mode.
Heard Mr. Bijaya Kumar Behera-1, learned counsel for the petitioners and learned Additional Government Advocate.
In this writ petition, the petitioners seek to challenge the inaction on the part of opposite parties regarding non-payment of revised Rehabilitation Assistance grants in monetary terms for acquisition of land for construction of Lower Indra Irrigation Project, Khariar, DistNuapada under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. On a perusal of Annexure-5 Series, it is apparent 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 the attention of the Court to Paragraph-13 of the Indexation of Rehabilitation Grant, which is quoted below:
“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”.
Bichi
Further referring to Annexure-1, the Resolution dated 21.08.2008 and Annexure-3, the Resolution dated 15.12.2010 both of the Govt. of Orissa, Revenue and
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Disaster management Department relating to the “Orissa Resettlement and Rehabilitation Policy, 2006 - biennial revision of rehabilitation grants in monetary terms”, 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 notifications for revised compensation. So, it appears that the petitioners have good grounds for consideration of their case by the opposite party no.4.
Hence, petitioners are directed to produce the copy of this order along with a properly comprehensive and articulated representation before the Opposite Party No.4 within a period of thirty days hence. On such event, the representation 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 four months therefrom.
The writ petition is accordingly disposed of.
In view of the restrictions due to COVID-19 pandemic, learned counsel for the parties may utilize the soft copy of this order available in the High Court’s official website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587 dated 25.03.2020.
.………………………. S.K.Mishra, J.
…..……………………. Savitri Ratho, J.
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3 issues framed by the court
Whether the petitioners have a right to claim revised Rehabilitation Assistance grants for acquired land under the Land Acquisition Act, 1894, indexed under the 2013 Act.
Whether the Government's failure to pay revised rehabilitation grant in monetary terms constitutes inaction amounting to denial of justice.
Whether the petitioners are entitled to a representation hearing regarding their claim for revised compensation.
1 provisions across 1 enactments
Rupsingh Majhi and others
State of Odisha and others
S.K. Mishra
Savannah Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
