Goutam Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.10274 of 2022 Goutam Nayak & others ....

Petitioners Mr. A.P. Bose, Advocate -versusState of Odisha & others ....

Opp. Parties Mr. H.M. Dhal, Additional Government Advocate

CORAM:

JUSTICE BISWAJIT MOHANTY JUSTICE BIRAJA PRASANNA SATAPATHY Order No.

ORDER

11.05.2022 02.

1.

Heard Mr. A.P. Bose, learned counsel for the petitioners and Mr. H.M. Dhal, learned Additional Government Advocate. 2.

According to Mr. Bose, when the grievance of the petitioners is already pending before the Court of L.A.R & R Authority, Cuttack in L.A. Ref. Case No.27 of 2018 pursuant to reference made under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013, an attempt is being made by the authorities to dispossess the petitioners from the case land.

3.

Mr. Dhal, learned Additional Government Advocate submits that when the matter is pending before the L.A.R & R Authority, Cuttack instead of approaching this Court, the petitioners should have approached the said authority for mitigating their grievances, if any, as under Section 60 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013, the

// 2 // authority has been vested with powers to do justice. 4.

Considering the submissions made, this writ petition is disposed of permitting the petitioners to file an application for interim protection before the L.A.R & R. Authority, Cuttack within a week. In the event such an application is filed along with a copy of this order, the authority is directed to take a decision on such interim application in accordance with law within a period of two weeks thereafter. Till the above noted steps are taken within a week, the petitioners shall not be dispossessed from Plot No.1333/2864 of Khata No.674/295 in mouza-Mahumuhan covering an area of Ac.1.43 decimals if not already dispossessed.

5.

Urgent certified copy of this order be granted on proper application.

(Biswajit Mohanty) Judge Kishore (Biraja Prasanna Satapathy) Judge