Nirakar Bhoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.23960 of 2021 Nirakar Bhoi & another ....

Petitioners Mr. R.K. Nayak, Advocate -versusState of Odisha & others ....

Opp. Parties Mr. A.R. Dash, Additional Government Advocate

CORAM:

JUSTICE BISWAJIT MOHANTY JUSTICE K.R. MOHAPATRA Order No.

ORDER

10.02.2022 02.

1.

This matter is taken up through video conferencing mode. 2.

Heard Mr. R.K. Nayak, learned counsel for the petitioners and Mr. A.R. Dash, learned Additional Government Advocate. 3.

According to Mr. Nayak, the petitioners are aggrieved by inaction of the opposite parties in paying the compensation for acquisition of their land under Land Acquisition Act, 1894 for construction of Lower Indra Irrigation Project, Khariar in the District of Nuapada. He further submits that though the case of the petitioners have been recommended by Collector, Nuapada (Opposite Party No.3) to Director (R & R)-cum-Additional Secretary to Government, Department of Water Resources, Odisha, Bhubaneswar (Opposite Party No. 2) on 12.07.2020 vide Annexure-1 for sanction of the amount so as to ensure expedite payment to the petitioners but till date nothing has been done in this matter. In this context, he also draws the attention of this Court to the detailed calculation sheet under Annexure-2 in favour of petitioners signed by Amin, Revenue Inspector, Zone

// 2 // Officer and Project Director (R & R) of Lower Indra Irrigation Project, Khariar, Nuapada and the Collector, Nuapada. In such background, he prays that a direction may be issued to the opposite party No.2 to take a decision on the recommendation of opposite party No.3 under Annexure-1 within a specific time period.

4.

Considering such submissions made and without expressing any opinion on the merits of the case, this Court directs opposite party No.2 to take a decision on the recommendation of opposite party No.3 vide calculation sheet dated 12.07.2020 in accordance with law within a period of eight weeks from the date of receipt of a copy of this order and communicate the result of such exercise to the petitioners. In case opposite party No.2 finds claim of the petitioners legally acceptable, then he is directed to take all steps to release the compensation amount in favour of the petitioners within a period of four weeks thereafter.

5.

The writ application is accordingly disposed of. 6.

Urgent certified copy of this order be granted proper application.

(Biswajit Mohanty) Judge Prasant ( K.R. Mohapatra) Judge