Sandhya Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.29548 of 2021 Sandhya Mohanty ....

Petitioner Mr. U.C.Behura, Advocate -versusState of Odisha & others ....

Opposite parties Mr.A.R.Dash, Addl. Government Advocate

CORAM:

JUSTICE BISWAJIT MOHANTY JUSTICE BIRAJA PRASANNA SATAPATHY Order No.

ORDER

09.03.2022 01.

1.

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

Heard Mr.U.C.Behura, learned counsel for the petitioner and Mr.A.R.Dash, learned Addl. Government Advocate. 3.

According to the petitioner a piece of land belonging to her was acquired by the State Authorities for expansion of four lining road from Nakagate to Kateni in Mouza-Gothipatana and the petitioner is interested to get a piece of land as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 instead of monetary compensation. He further submits that though highlighting all the grievances the petitioner has filed a representation for getting such benefits on 9th August, 2021 before District Magistrate & Collector, Khurda (opposite party No.3) under Annexure-5 and though the same was received in the Office of Collectorate Khurda on 10.8.2021 however till date nothing has been done in the matter. In such background, he prays that a direction be issued to opposite party No.3 to take a decision on the above representation under Annexure-5 within a specific time period.

// 2 // 4.

Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs the District Magistrate & Collector, Khurda (opposite party No.3) to take a decision on the above noted representation dated 9th August, 2021 under Annexure-5 in accordance with law within a period of eight weeks from the date of receipt of copy of this order and communicate the result of such exercise to the petitioner. Till disposal of the representation, the petitioner may not be compelled to accept the monetary compensation so awarded.

5.

The writ petition is accordingly disposed of. 6.

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

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