Disposed

Mohan Ch.Sa v. State and Ors.

Orissa HC16 Mar 2023WP(C)/516/2014

Case brief

AI extract

What is this about?

In a writ petition regarding land acquisition benefits, the Court directed the petitioners, who failed to appear for disbursement of relocation and rehabilitation (R&R) funds sanctioned by the State Government, to appear before the Land Acquisition Officer to facilitate payment.

What did the court decide?

The petitioners are directed to appear before the Land Acquisition Officer to take necessary steps for disbursement of benefits.

Mohan Ch.Sa Vs State and Ors. — Public Procurement and Tenders | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.516 of 2014

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Mohan Charan Sa &Ors.

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….. Petitioners

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Mr. S.K. Joshi, Advocate

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Vs.

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State of Orissa & Ors.

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….. Opposite Parties Mr. H.M. Dhal, AGA

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CORAM:

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DR. JUSTICE B.R. SARANGI MR. JUSTICE M.S.RAMAN

ORDER

16.03.2023

Order No.

This matter is taken up through hybrid mode.

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Heard Mr. S.K. Joshi, learned counsel appearing for the petitioners and Mr. H.M. Dhal, learned Additional Government Advocate appearing for the State-opposite parties.

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In compliance of the order dated 15.02.2023, Mr. H.M. Dhal, learned Additional Government Advocate appearing for the State-opposite parties files an affidavit, paragraphs-3 to 6 whereof reads as follows:

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“3. That accordingly this deponent re-calculated the entitlement of the land loosers including the petitioners as per 8^th Biennial revision towards the benefits under the R & R policy 2006 and submitted proposal to the State Government vide Letter dated 22.02.2023. On the basis of such proposal submitted by this deponent, the State Government by letter dated 6.3.2023 approved the proposal for sanction of rehabilitation assistance and directed the undersigned to make payment of the benefits by electronic mode only after verifying authenticity of the supporting documents furnished by the claimants. The copy of the said letter dated 6.3.2023 is filed herewith as Annexure-G.

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4. That on receipt of the sanction order under

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Annexure-G, this deponent issued Notice to all the petitioners vide Notice dated 6.3.2023 requiring the petitioners to appear before him on 10.03.2023 to receive the benefits by e- payment mode. The petitioners were asked to appear before this deponent along with the bank Pass Book, Aaadhaar Card/Voter ID. The copies of such notices issued to the petitioners are filed herewith as Annexure-H.

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5. That the notices under Annexure-H were duly served upon the petitioner No.1 and Petitioner No.3, but such notices could not be served on Petitioner No.2 as he was undergoing treatment at Bhubaneswar.

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6. That despite receipt of the notice under Annexure-H, the petitioner Nos. 1& 3 did not appear before this deponent on the date fixed for disbursement of the R &R benefits. In such circumstances, the R& R benefits sanctioned in favour of the petitioners could not be disbursed within the time stipulated by this Hon’ble Court. However, this deponent undertakes that he would disburse the benefits sanctioned in favour of the petitioners as and when they come to receive the same”.

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In view of such position, since the Government has already sanctioned money for disbursement in compliance of the order dated 15.02.2023, and petitioners no.1 & 3 did not appear before the authority on the date fixed for disbursement of the R&R benefits, this Court directs the petitioners to appear before the Land Acquisition Officer, who shall take necessary steps in accordance with law. The affidavit so filed be kept on record.

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With the above observation and direction, the writ petition stands disposed of.

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Issue urgent certified copy as per rules.

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(DR. B.R. SARANGI) JUDGE

(M.S. RAMAN)

JUDGE

Alok

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Mohan Ch.Sa v. State and Ors.

Case brief

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Mohan Ch.Sa v. State and Ors.

Case brief

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