Urmila Swain v. The Special Land Acquisition Officer, Dhenkanal

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No.35151 of 2022 Urmila Swain .....

Petitioner Mr. S. Pradhan, Advocate Vs.

The Special Land Acquisition Officer, Dhenkanal & Another .....

Opposite Parties State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI MR. JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

20.12.2022 Order This matter is taken up through hybrid mode.

No.

1.

1.

Heard learned counsel for the parties.

2.

According to Mr. S. Pradhan, the petitioner is aggrieved by the inaction of the authorities-opposite parties in referring her application filed under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to the appropriate authority and in extending the proper Rehabilitation and Resettlement benefits under the above noted Act causing great prejudice to the petitioner.

3.

In reply, Mr. Pradhan, learned counsel for the petitioner submits that notwithstanding such reference, a move is on to evict the petitioner from the case land and structure.

4.

In this context, Mr. Dhal submits that since the matter is already pending before the L.A.R & R authority, Sambalpur, the petitioner should approach the said authority for redressal of her grievance as under Section 60 of the above noted Act, the authority has been vested with powers to do justice.

5.

Considering for such submissions, the writ petition is disposed of permitting the petitioner to file an appropriate application for interim protection before the Authority

within a week. In the event, such an application is filed along with a copy of this order, the authority is directed to take a decision on such interim application in accordance with law within a period of two weeks thereafter. Till the above noted steps are taken within a week, the petitioner shall not be dispossessed from Plot No. 55/417 and 56/418 under Khata No. 103/120 of Mouza-Syamcharanpur under Tahasil- Dhenkanal Sadar covering an area of Ac. 0.08 dec. in the district of Angul, if not already dispossessed. 6.

Urgent certified copy of this order be granted on proper application. Alok/Sangita (DR. B.R. SARANGI) JUDGE (B. P. SATAPATHY) JUDGE