Disposed¶29

Dhruba Charan Biswal v. State of Odisha

Orissa HC6 Feb 2025WP(C)/30371/2024

Case brief

AI extract

What is this about?

Land acquisition; fair compensation; rehabilitation and resettlement; Devi River Ridge; Water Resources Department Odisha; Tahasildar Astarang Puri; District Land Acquisition Officer Collectorate Puri; letter no.1090 dated 13.11.2024; Executive Engineer Irrigation Division Nimapara; plot nos.1816-1818; Ac.0.11 dec.; no land acquisition record; representation disposal; writ petition disposed of; W.P.(C) No.30371 of 2024; prior W.P.(C) No.17810 of 2024; order dated 30.07.2024.

What did the court decide?

Liberty to the petitioner to approach the Executive Engineer, Irrigation Division, Nimapara for redressal of his grievance, with the Court's expectation that his application shall be considered expeditiously in accordance with law. ¶29

Dhruba Charan Biswal Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the opposite party should be directed to undertake the land acquisition process for the petitioner's land and pay fair compensation with rehabilitation and resettlement benefits. +1 more

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Court's answer

In view of the developments on record (demarcation showing the suit plots in the possession of the Government in Water Resources Department for the Devi River Ridge and the absence of any land-acquisition record), it is open to the petitioner to approach the Executive Engineer, Irrigation Division, Nimapara for redressal of his grievance.

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Ratio / Principle

If the petitioner approaches the Executive Engineer, Irrigation Division, Nimapara, his application shall be considered expeditiously in accordance with law.

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Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, W.P.(C) No.30371 of 2024 (order dated 06.02.2025; Bench: Justice S.K. Sahoo and Justice Savitri Ratho) — Dhruba Charan Biswal v. State of Odisha and others. The petitioner sought a direction to the opposite party to initiate land acquisition of his land and pay fair compensation with rehabilitation and resettlement benefits. He had earlier approached the Court in W.P.(C) No.17810 of 2024, disposed of by order dated 30.07.2024 directing the Tahasildar, Astarang, Puri (opp. party no.3) to decide his representation (Annexure-2 series) in accordance with law within three months and communicate the decision within two weeks. On the State's affidavit dated 29.01.2025 enclosing the Tahasildar's order dated 17.12.2024, it appeared that after demarcation on 11.12.2024, Ac.0.11 dec. out of Ac.0.14 dec. in plot nos.1816, 1817 and 1818 was in possession of the Government in Water Resources Department, Odisha for construction of the Devi River Ridge; the District Land Acquisition Officer, Collectorate, Puri reported by letter no.1090 dated 13.11.2024 that no record of land acquisition of the suit plots was found, and the petitioner was instructed to approach the Executive Engineer, Irrigation Division, Nimapara. Holding it open to the petitioner to approach the said Executive Engineer for redressal, and expecting expeditious consideration of his application in accordance with law (counsel undertaking to approach within two weeks), the Court disposed of the writ petition.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.30371 of 2024

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Dhruba Charan ….. Petitioner Biswal

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Mr. Anirudha Das, Advocate

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-versus-

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State of Odisha and others

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..... Opp. Parties Mr. Debasish Nayak, Addl. Govt. Advocate

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CORAM:

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THE HON'BLE MR. JUSTICE S.K. SAHOO THE HON'BLE MISS. JUSTICE SAVITRI RATHO

ORDER

Order No.

06.02.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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Heard learned counsel for the petitioner and learned counsel for the State.

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This writ petition has been filed by the petitioner, Dhruba Charan Biswal, with a direction to the opp. party to go for land acquisition process for acquisition of the land of the petitioner and pay fair compensation and extend the benefit of rehabilitation and resettlement in favour of the petitioner.

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It appears that earlier the petitioner approached this Court in W.P.(C) No.17810 of 2024, which was

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disposed of as per the order dated 30.07.2024 and direction was given to the Tahasildar, Astarang, Puri, opp. party no.3 in this writ petition to take a decision on the representation filed by the petitioner vide Annexure-2 series and pass appropriate order in accordance with law within a period of three months from the date of production of the certified copy of that order and communicate the order to the petitioner within two weeks of taking the decision.

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When the matter was taken up on 17.12.2024, learned counsel for the State took two weeks time to obtain instruction relating to the status of the representation filed by the petitioner.

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Learned counsel for the State has filed an affidavit dated 29.01.2025 on behalf of opp. party no.3 along with order dated 17.12.2024 passed by the opp. party no.3, Tahasildar, Astarang, Puri, which is taken on record. Order dated 17.12.2024 shows that for disposal of the representation of the petitioner in terms of the order dated 30.07.2024 passed by this Court in W.P.(C) No.17810 of 2024, a date was fixed to 11.12.2024 for demarcation of the suit property after harvesting of the paddy crops from the field and the R.I. Nagar was directed to remain present during the demarcation and conduct inquiry in presence of the petitioner. On the date fixed and after demarcation

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of the land, it was found that plot no.1816, area Ac.0.04 dec. plot no.1817, area Ac.0.06 dec., plot no.1818, area Ac.0.01 dec. out of area Ac.0.02 dec. (Total area Ac.0.11 dec. out of area Ac.0.14 dec.) is in possession of Govt. in Water Resources Department, Odisha for construction of Devi River Ridge, at this level and no relevant record is found about land acquisition pertaining to above suit plots. The District Land Acquisition Officer, Collectorate, Puri has been requested to supply the detail information whether any land acquisition has been done or not on the suit property for construction of the Devi River Ridge and vide letter no.1090 dated 13.11.2024, has reported that “on verification, no relevant record is found about the land acquisition pertaining to the above suit plots” and accordingly, the petitioner was instructed to contact/ approach to the Executive Engineer, Irrigation Division, Nimapara for redressal of his grievance.

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The copy of the affidavit dated 29.01.2025 has already been served on the learned counsel for the petitioner by the learned counsel for the State but is not there in the record. The copy furnished by the learned State counsel is therefore taken on record.

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In view of such the above developments, it is open to the petitioner to approach the Executive Engineer, Irrigation Division, Nimapara for redressal of

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his grievance.

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Mr. Das, learned counsel for the petitioner submitted that the petitioner will approach the Executive Engineer, Irrigation Division, Nimapara within a period of two weeks for redressal of this grievance.

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It is expected that in case he does so, his application shall be considered expeditiously in accordance with law.

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Accordingly, the writ petition is disposed of.

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( S.K. Sahoo)

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Judge

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(Savitri Ratho) Judge

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Rajesh/Madhusmita

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Signature Not Verified

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Digitally Signed Signed by: RAJESH KUMAR BADHEI Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 11-Feb-2025 17:50:06

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Dhruba Charan Biswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dhruba Charan Biswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

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