Kakeya Bag v. Collector And District Magistrate, Bolangir
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.41170 of 2021 Kakeya Bag ....
Petitioner Mr. S.K. Joshi, Advocate -versusCollector & District Magistrate, Bolangir & another ....
Opp. Parties Mr. H.M. Dhal, Additional Government Advocate.
CORAM:
JUSTICE BISWAJIT MOHANTY JUSTICE K.R. MOHAPATRA Order No.
ORDER
11.01.2022 2.
1.
This matter is taken up through Video Conferencing Mode.
2.
Heard Mr. S.K. Joshi, learned counsel for the petitioner and Mr.
H.M.
Dhal, learned Additional Government Advocate.
3.
According to Mr. Joshi, the petitioner is aggrieved by non-disbursement of compensation amount in her favour though her land has been acquired by the opposite parties for the purpose of National Highway Bypass Project vide Notification No.1113 dated 9.5.2016 issued by the Union of India under Section 3(D)(1) of the National Highways Act, 1956. He further submits that though vide order dated 8.6.2017, the Tahasildar-cum-Competent Authority under Land Acquisition Act, Bolangir (opposite party no.2) calculated the compensation amount to the tune of Rs.1,14,25,431.00 in L.A. Case No.122 of 2015, however, disbursement of the same was kept in abeyance on account of a status quo order passed by the learned Civil Judge
// 2 // (Junior Division), Bolangir in I.A. No.4 of 2021 arising out of C.S. No.16 of 2020. He also submits that in the meantime, the learned District Judge, Bolangir in F.A.O. No.6 of 2021 has vacated the status quo order and C.S. No.16 of 2020 has already been dismissed. Despite all these developments, till date there has been no disbursement of the compensation amount in favour of the petitioner. He submits that though highlighting all her grievances, the petitioner has approached the Tahasildarcum-Competent Authority under Land Acquisition Act, Bolangir (opposite party no.2) on 7.12.2021 by filing a representation vide Annexure-6, however, till date nothing has been done in the matter. In such background, he prays that a direction be issued to the said opposite party to take a decision on the above noted representation within a specific time period.
4.
Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs the Tahasildar-cum-Competent Authority under Land Acquisition Act, Bolangir (opposite party no.2) to take a decision on the above noted representation of the petitioner under Annexure-6 in accordance with law within a period of eight weeks from the date of production of a copy of this order and communicate the result of such exercise to the petitioner.
5.
Accordingly, this writ petition is disposed of. 6.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner
// 3 // prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos. 514 and 515 dated 7th January, 2022.
amit (Biswajit Mohanty) Judge (K.R. Mohapatra) Judge