Mahima Naik Vs Chairman Cum Managing Director, Mahanadi Coalfields Ltd., Sambalpur

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 3254 of 2025

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Mahima Naik

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…. Petitioner

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Mr. Achyutananda Pattanaik, Advocate

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-versus-

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1. Chairman-cum-Managing Director, Mahanadi Coalfields Ltd. 2. General Manager, Mahanadi Coalfields Ltd. 3. Collecrtor-cum-District Magistrate, Sundergarh 4. Addl. District Magistrate, Resettlement & Rehabilitation-cum-Revenue Officer, Mahanadi Coalfields Ltd. 5. Claim Commissioner, OSHB Building 6. Secretary-cum-Administrative Nodal Officer, Claim Commission 7. Land acquisition Officer-cum-Estate Manager

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8. Secretary Claim Commission 9. Addl. Secretary to Government of Odisha, Revenue and Disaster Management Department 10. Tahasildar, Hemagiri

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Opposite Parties Mr. Debasish Nayak, A.G.A.

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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.

05.02.2025

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

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This writ petition has been filed by the petitionerMahima Naik with following prayers:-

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“In the facts and circumstances the Hon'ble Court may graciously be pleased to direct the authorities concerned of Mahanadi Coal Field Ltd. to take necessary steps to grant compensation in favour of petitioner being the land oustee as per Resettlement & Rehabilitation policy of the Govt. of Odisha, on account of the loss her House Structure and trees due to land acquisition appertaining to Khata No-121 of MouzaJhupurunga, PS Hemhgiri, DistSundargarh. AND, Pass such other order or orders as this Hon'ble Court deems fit and proper in the facts and circumstances of the case; AND, For this act of kindness the petitioner shall as in duty bound ever pray.”

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It appears that earlier the petitioner approached this Court for self-same relief in W.P.(C) No. 26918 of 2023 which was disposed of on 25.08.2023. Without expressing any opinion on the merits of the case, this Court directed the Opposite Party No.3Collector-cum-District

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Magistrate, Sundergarh to consider the representation filed by the petitioner and to pass appropriate orders in accordance with law.

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However, it appears from Annexure-8 which is the final order passed by the Opposite Party No.3 on 17.11.2023 that since the Hon’ble Supreme Court vide orders in SLP(C) 6933 of 2007 has constituted Claims Commission to decide upon the land and structure compensation and approved genealogy of land oustees families of 12 villages including the village of the petitioner i.e. Jhupurunga, it was held that he lacks jurisdiction to decide the matter and the petitioner was asked to approach the appropriate forum to pursue his remedy.

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The learned counsel for the petitioner submitted that in view of the order passed by the Hon’ble Supreme Court on 03.01.2025 in the case of Mahanadi Coal Fields Ltd. & another vs. Mathias Oram & others reported in 2025 INSC 22 in Miscellaneous Application No. 2662 of 2023 and in SLP (C) No. 6933 of 2007, the term of the Claim Commission has not been extended and therefore the Opposite Party No.3 has to comply the order passed by this Court on 25.08.2023 in the aforesaid W.P.(C) No. 26918 of 2023 within a specified time limit.

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The learned counsel for the State has no objection to the prayer made in the writ petition regarding the fresh

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adjudication to be made by the Opposite Party No.3 on the representation filed by him.

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In view of the submission made by the learned counsel for the respective parties and after going through the averments taken in the writ petition, the order dated 17.11.2023 passed by the Opposite Party No.3 under Annexure-8 is hereby set aside. The matter is remitted back to the Opposite Party No.3 who shall comply the order passed by the Division Bench of this Court on 25.08.2023 in W.P.(C) No. 26918 of 2023 and consider the representation filed by the petitioner in accordance with law within a period of six months from the date of production of the certified copy of this order.

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Accordingly the writ petition is disposed of.

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(S. K. Sahoo) JUDGE

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(Savitri Ratho) JUDGE

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Subhalaxmi

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Signature Not Verified

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Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 06-Feb-2025 19:43:35