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Orissa High CourtCONTC/3275/2021disposed off

Pranbandhu Dhal v. Sidharth Sankar Swain, Collector,Angul

2022-08-01Mr. Justice Jaswant Singh,Mr. Justice Murahari Sri Raman3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC No.3275 of 2021 Pranabandhu Dhal ....

Petitioner Mr. Krushna Ch. Das, Advocate -versusSidharth Sankar Swain, Collector, Anugul and Another ....

Contemnors/Opp.Parties Mr. L. Samantaray, AGA

CORAM:

JUSTICE JASWANT SINGH JUSTICE M. S. RAMAN Order No.

ORDER (Oral) 01.08.2022 05.

1.

This matter is taken up through virtual/physical mode.

2.

The petitioner is stated to have filed W.P.(C) No.12468 of 2020 with the grievance that the government in department of Revenue and Disaster Management had issued a notification dated 28.01.2006, whereby excess of the land owned and notified to the extent of Ac.0.04 dec. had been utilized for setting up of the Jindal Steel Power Ltd. without determination and payment of any compensation. However, it was conceded that compensation to the extent of the acquired land measuring Ac.0.09 decs. owned and notified had been received.

3.

The aforesaid writ petition was disposed of vide order dated 25.11.2020 with the following operative portion:-

// 2 // "Learned Additional Government Advocate submitted that the steps have been taken by the opposite party Nos.1 and 2 by issuing letters to the Executive Director, Jindal Steel Power Ltd.-opposite party No.3 on 05.02.2020 and 17.03.2020 regarding direct purchase of private land of the petitioner through DCAC.

In view of the above letters, we dispose of the Writ Petition with a direction that the Land Acquisition Officer-O.P. No.2 shall realize the compensation amount from the JSPL company after assessment and disburse the same to the petitioner in accordance with the statutory provision. The above exercise shall be completed within a period of four weeks."

4.

The present contempt has been filed with the allegation that the needful as required has not been done. Upon notice, show cause stands filed stating that the efforts have been made for compliance of the orders by determining the amounts of compensation in respect of area Ac.0.04 decs. to be paid by the company. The amount of compensation to be paid to the petitioner has been deposited with the Land Accusation Collector. However, the petitioner has refused to co-operate in accepting the compensation/sale price and due execution of the sale deed in favour of the companyJSPL. 5.

In response, learned counsel for the petitioner states that the quantum of the compensation/sale price to be paid being too meagre is seriously contested by the petitioner, and for which he has already filed a

// 3 // separate W.P.(C) No.41862 of 2021 which is stated to be pending.

6.

In view of the aforesaid, we find that there is no willful disobedience by the authorities towards noncompliance of the directions passed by this court. 7.

In view of the above, the CONTC is disposed of. (Jaswant Singh) Judge (M.S. Raman) Judge Basudev 1st August, 2022 Cuttack