Bholanath Lenka v. Director, Paradeep-Somanathpur-Haladia Product Pipe Line Project

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 14221 of 2022 Bholanath Lenka .....

Petitioner Mr. D. Nayak, Advocate & Ms. S. Mishra, Adv.

Vs.

Director, Paradeep-SomanathpurHaladia Product Pipe Line Project Indian Oil Corporation Ltd., Paradeep & Others .....

Opposite Parties Mr. A.K. Nanda, A.G.A.

CORAM:

JUSTICE BISWAJIT MOHANTY JUSTICE SAVITRI RATHO

ORDER

26.07.2022 Order No.

02.

1.

Heard Ms. S. Mishra and Mr. D. Nayak, learned counsel for the petitioner and Mr. A.K. Nanda, learned Additional Govt. Advocate.

2.

During course of hearing, on oral prayer, Mr. D. Nayak, learned counsel for the petitioner is permitted to implead the competent authority in Court today as opp. party no.7 in the cause title of brief.

3.

According to Ms. Mishra, the petitioner is aggrieved by inaction of the authorities in paying compensation for acquiring right of use in his land under the Petroleum Mineral Pipelines (Acquisition of Right of User in Land) Act, 1962. She further submits that though the petitioner has submitted a representation on 13.04.2012 under Annexure-4 to opp. party no.7 praying for release of compensation, however, till date, nothing has been done in the matter. Therefore, she prays that necessary direction be issued to the

opp. party no.7 to take a decision on the above noted representation under Annexure-4 within a specific time period. 4.

Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs the competent authority (opposite party no.7) to take a decision on the above noted representation in accordance with law, within a period of two months from the date of receipt of certified copy of this order and communicate the result of such exercise to the petitioner. This Court further directs that while presenting a copy of this order before the opp. party no.7, the petitioner is directed to submit a copy of the representation under Annexure-4 for disposal of the said representation within the time limit as indicated above. 5.

The writ petition is accordingly disposed of. 6.

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

Sukanta (Biswajit Mohanty) Judge (Savitri Ratho) Judge