K.Sujata Acharya Vs State of Odisha

“The petitioner, therefore, prays that this Hon’ble Court be graciously pleased to admit the writ petition, issue a Rule Nisi calling upon the opposite parties to show cause as to why a writ of mandamus or any other appropriate writ/writs, direction/directions, order/orders shall not be passed;

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(i) Directing the Opposite Parties more particularly O.P. No.-l & 3 as to why the petitioner shall not be entitled get the compensation for construction and trees , well over the acquired land and 30% solatium plus 12% interest in total from the date of acquisition along with a compensation 5 lakhs for the mental agony and suffering of her. Or,

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to direct the opp. parties to pay the compensation for building ,weii and trees etc, 30% solatium and 12% interest in total from the date of acquisition plus 5 lakhs for mental agony and suffering or l5% interest

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on the total compensation amount instead of 12% in the best interest of justice

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(ii) If the opposite parties fail to show or show insufficient cause, to make the rule absolute; and

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(iii) to pass such other order/orders, which would give complete relief to the petitioner;

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And for this act of kindness, the petitioner shall as in duty bound ever pray.”

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Ms. Mohanty, learned counsel for the Petitioner submits that the Deity along with the Commissioner of Endowments and Tahasildar-cum-Competent Authority, Konisi, Ganjam moved learned District Judge under Section 3H(4) of the National Highways Act, 1956 (for brevity “the Act”) for apportionment of the compensation amongst the co-sharers. The said reference under Section 3H (4) of the Act was registered as SPJC No. 03 of 2018.

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Considering the rival claims of the parties, the learned District Judge, Ganjam passed the judgment on 12^th August, 2021 with the following directions.

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“In the result, the reference is disposed of with a direction to the Competent Authority to disburse the value of land to the Deity through the Inspector of Endowments and the value of structure to Respondent No.2 within a period of two months from the date of receipt of this order.”

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The Petitioners without challenging the said order, has filed the present writ petition with the aforesaid prayer.

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Mr. Dwivedy, learned counsel appearing for Project Director, National Highway Authority of India submits that pursuant to the direction of the learned District Judge in SPJC No. 03 of 2018 steps have been taken to release the amount. The

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amount will be released to the Competent Authority, Land Acquisition (CALA) within a period of four weeks hence for disbursal in accordance with the Judgment passed in SPJC No. 03 of 2018. Mr. Dwivedy, learned counsel for NHAI further submits that sanction order has already been issued for release of the amount in accordance with the direction in SPJC No. 03 of 2018.

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Ms. Mohanty, learned counsel for the Petitioner however submits that solatium and interest etc. have not been granted by the learned District Judge, Ganjam in the Judgment under Annexure-1. Thus, a direction be issued to the CALA as well as the Project Director, NHAI to disburse the solatium, interest and other statutory dues in accordance with law.

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Considering the rival contentions of the parties, this Court finds that the Petitioner does not challenge the legality and propriety of the Judgment dated 12^th August, 2021 passed by the learned District Judge, Ganjam, Berhampur in SPJC No. 03 of 2018.

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In that view of the matter, no further relief can be granted to the Petitioner at this stage except directing the Project Director, NHAI as well as CALA to release the amount as per the direction of learned District Judge, Ganjam in SPJC No. 03 of 2018.

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Accordingly, it is directed that the amount due to the Petitioner in terms of the Judgment dated 12^th August, 2021 (Annexure-1) passed by the learned District Judge, Ganjam at Berhampur in SPJC No. 03 of 2018 shall be released in favour of the Petitioner as expeditiously as possible preferably within a period of five weeks hence.

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