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Orissa High CourtWP(C)/27689/2022disposed off

Dinesh Naik v. Collector, Keonjhar

2022-12-01Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.27689 OF 2022 Dinesh Naik ....

Petitioner(s) Mr.S.C.Samantaray,Adv.

-versusCollector, Keonjhar and others ....

Opposite Party(s) Mr.R.K.Samal,SC

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

01.12.2022 03.

1.

Heard learned counsel for the Parties.

2.

Undisputedly for the land of the Petitioner taken over by the public authority, considering the complaint of the Petitioner, the case of the Petitioner has been taken to facilitate grant of compensation under the provision of Land Acquisition Act. In an outcome through communication dated 18.11.2022, this Court finds, there has been substantial progress to retain the land of the Petitioner involved herein under the Land Acquisition Act with further decision to pay required compensation to the Petitioner.

3.

As a consequence of institution of a Case No.13 of 2018 and dependant on order dated 29.10.2021 enclosed therein, there is already decision for payment of compensation. The letter also discloses there has already been assessment of the values of the land measuring Ac.0.380 of land assessing to be Rs.19,00,000/-. In the said letter there has already been a request to the Government in appropriate department for making provision for funds involved therein for payment of compensation to Mr.Naik, the Petitioner.

// 2 // 4.

This Court here finds for the above development on taking place hardly on 18.11.2022 and looking to the progress involving the matter, this Court in disposal of the Writ Petition directs the Additional Secretary Government School and Mass Education Department, Bhubaneswar for making arrangements of the fund on the tune of Rs.19,00,000/- at the earliest and release the same in favour of the Petitioner at least within a period of one month hence. Considering the land of the Petitioner is taken over by the Government since 2018 and Petitioner is yet to receive any compensation, failure of payment of compensation within the time framed, the Petitioner will be entitled to interest @ 8% till the date of payment.

5.

The Writ Petition stands disposed of.

(Biswanath Rath) Judge Swarna