Dismissed¶¶21

Dinesh Raudia v. Chairman Cum Managing Director, Mahanadi Coal Fields Ltd., Sambalpur

Land acquisition compensation – payment to son in absence of father

Orissa HC11 Apr 2025WP(C)/4244/2025

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Case brief

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What is this about?

Mahanadi Coalfields Ltd.; land acquisition compensation; Rehabilitation and Resettlement policy; employment packages; homestead land Mouza Jurabaga/Belpahad Khata 778 Plot 6230(p); notice to father Bhagatram Raudia; payment to son without authorisation; General Manager MCL Lakhanpur Area Jharsuguda; representation for handover of compensation; writ petition dismissed.

What did the court decide?

There being no application by Bhagatram Raudia authorising the petitioner to receive the compensation amount (which the father could have filed if genuinely incapacitated), the petitioner's prayer to dispose of his representation before opp. party no.2 and to have the compensation amount given to him cannot be accepted. ¶¶18

Dinesh Raudia Vs Chairman Cum Managing Director, Mahanadi Coal Fields Ltd., Sambalpur — Orissa HC (2025) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.4244 of 2025

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Dinesh Raudia …. Petitioner Ms. S. Mohapatra, Advocate

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-versus-

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Chairman -cum- Managing Director, Mahanadi Coalfields Ltd. and others

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…. Opp. Parties Mr. Tapan Kumar Dash, Addl. Govt. Advocate (for opp. parties nos.3 & 4)

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CORAM:

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HON’BLE MR. JUSTICE S.K. SAHOO HON’BLE MR. JUSTICE CHITTARANJAN DASH

ORDER

Order No.

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

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The petitioner Dinesh Raudia has filed this writ petition with a prayer for a direction to the opp. parties 1 & 2 to pay the compensation amount to him with employment packages in respect of acquisition of Ac.0.080 decimals of homestead land under Rehabilitation and Resettlement policy within a stipulated time.

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The notice dated 12.05.2023 under Annexure2, which is issued to Bhagatram Raudia, the father of the petitioner, indicates that for acquisition of land appertaining to Khata no.778(p), Plot no.6230(p),

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Page 1 of 3

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Ac.0.08 decimals of Mouza-Jurabaga, the father of the petitioner has been noticed to receive the compensation amount of Rs.11,00,249.38 (eleven lakhs two hundred forty nine and thirty eight paisa) and to appear before the authority on 15.05.2023.

¶17

Learned counsel for the petitioner submits that the father of the petitioner is suffering from serious ailments for which he is not in a position to appear before the concerned authority to receive the compensation amount and for such reason, the representation was submitted before the General Manager, Mahanadi Coalfields Ltd. Lakhanpur Area, Jharsuguda, opp. party no.2, with a request to handover the compensation amount to the petitioner.

¶18

There is no application before us by Bhagatram Raudia authorizing the petitioner to receive such compensation amount. If his father is really suffering from ailments, he could have filed proper application authorizing any person to receive such compensation amount, which has not been done in this case. Therefore, the prayer of the petitioner to dispose of the representation by the opp. party no.2 and to give the compensation amount to him cannot be accepted. Another notice has been annexed to the writ petition under Annexure-3 in which also the father of the petitioner was noticed to appear before the authority within a week from 20.05.2024 to

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Page 2 of 3

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receive the compensation amount of Rs.12,14,212.16 (twelve lakhs fourteen thousand two hundred twelve and sixteen paisa) and the land particulars have been mentioned therein as MouzaBelpahad (Jurabaga), Khata no.778, Plot no.6230(p).

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In that view of the matter, we find no merit in the writ petition, which is accordingly dismissed.

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( S.K. Sahoo) Judge

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(Chittaranjan Dash) Judge

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PKSahoo/Rajesh

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Signature Not Verified

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Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 15-Apr-2025 10:08:02