Pramod Mohanty v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 39557 OF 2021 Pramod Mohanty ....
Petitioner Mr.Surajit Mahanta, Advocate -versusState of Odisha and others ....
Opp. Parties Mr. H.M. Dhal, Additional Government Advocate
CORAM:
JUSTICE BISWAJIT MOHANTY JUSTICE K.R.MOHAPATRA Order No.
ORDER
10.01.2022 01.
1.
This matter is taken up through Video Conferencing Mode.
2.
Heard Mr. Mahanta, learned counsel for the Petitioner and Mr. Dhal, learned Additional Government Advocate. 3.
According to Mr. Mahanta, the Petitioner is aggrieved by non-disbursal of compensation amount by the Railway Authorities for whom the land has been acquired by the Government for the purpose of construction of Talcher, Bimalgrh New B.G. Rail Link Project. He further submits that the Petitioner has constructed two wells in Plot No.966 pertaining to Khata No. 574 of Mouza-Seepur in the district of Angul which has been taken over by the East Coast Railways and vide letter No.858 dated 31st March, 2021 written by the Assistant Executive Engineer, RWS & S Sub-Division Talcher to the Special Land Acquisition Officer, Talcher-Bimalgarth New G.B. Rail Link Talcher under Annexure-6 it has been made clear that the valuation of open well comes to Rs.8,33,631/- and the valuation of R.C.C. ring sanitary well comes to Rs.3,42,170/-. He also submits that though the Tahasildar, Kaniha vide letter No.561 dated 2nd March, 2021 under Annexure-5 has intimated
// 2 // to the Deputy Chief Engineer (Con-II) East Coast Railway, Angul-Opposite Party No.5 that the compensation amount may be disbursed to him as per the estimate report of the Assistant Executive Engineer, RWS & S., however, till date, nothing has been done in this matter. In such background, he prays that liberty may be granted to the Petitioner to approach the Opposite Party No.5 for redressal of his grievances and the said opposite party be directed take a decision on such motion within a stipulated time period.
4.
Considering the submissions made and without expressing any opinion on the merits of the case, this Court grants liberty to the Petitioner to approach the Deputy Chief Engineer (Con-II) East Coast Railway, Angul-Opposite Party No.5 by filing a comprehensive representation within a period of two weeks through registered post along with a copy of this order. In the event, such a petition is made before Opposite Party No.5, he/she is directed to take a decision on the same in accordance with law within a period of eight weeks from the date of receipt of such petition and communicate the result of such exercise to the Petitioner 5.
With the direction as aforesaid, the writ petition is disposed of.
6.
Parties may utilize the soft copy of this order available in the High Court's Website or print out thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January, 2022.
(Biswajit Mohanty) Judge (K.R. Mohapatra) Judge jyostna
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