Kaushalya Pradhan v. Spl Land Acquisition Officer,Talcher-Bimalagarh

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.41162 of 2021 Kaushalya Pradhan & Others ....

Petitioners Mr. Sarthak Pradhan, Advocate -versusThe Special Land Acquisition Officer, Talcher & Another ....

Opp. Parties Mr. Harmohan Dhal, Additional Government Advocate

CORAM:

JUSTICE BISWAJIT MOHANTY MISS JUSTICE SAVITRI RATHO Order No.

ORDER

28.06.2022 02.

1.

Heard Mr. Sarthak Pradhan, learned counsel for the petitioners and Mr. Harmohan Dhal, learned Additional Government Advocate.

2.

According to Mr. Pradhan, the petitioners are aggrieved by the inaction of the authorities-opposite parties in referring their applications 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 petitioners.

3.

In reply, Mr. Dhal, learned Additional Government Advocate submits that acting upon the application of the petitioners for reference, the matter has already been referred to the L.A.R & R authorities and the same has been registered as L.A. Reference No. 31 of 2022.

// 2 // 4.

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

5.

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

6.

Considering such submissions, the writ petition is disposed of permitting the petitioners to file an appropriate application for interim protection before the Authorities 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 petitioners shall not be dispossessed from Plot No. 515 under Khata No. 116/43 of Mouza-Khamar under Tahasil-Pallahara covering an area of Ac. 0.060 dec. in the district of Angul, if not already dispossessed.

7.

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

(Biswajit Mohanty) Judge puspa (Savitri Ratho) Judge

// 3 //