Alok Patel vs. State Of Odisha - Orissa High Court, 04 September 2024

Cause title — parties, addresses and appearances

Page 1 of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.20548 of 2024 Alok Patel and others ….. Petitioners Mr. Rabi Narayan Mohanty, Advocate -versus- State of Odisha and others ..... Opposite Parties Mr. Arupananda Das, Addl. Government Advocate CORAM: THE HON'BLE MR. JUSTICE S.K. SAHOO THE HON'BLE MR. JUSTICE CHITTARANJAN DASH Order No.

ORDER 04.09.2024

01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard Mr. Rabi Narayan Mohanty, learned counsel appearing for the petitioners and Mr. Arupananda Das, learned Addl. Government Advocate appearing for the State of Odisha.

The petitioners have filed this writ petition with a prayer to direct the opposite party no.1- The Collector, Jharsuguda to consider their representation dated 20.07.2024 under Annexure-4 within a stipulated time with a further direction to the opposite parties to pay the adequate and entitled compensation for acquisition of their three storied buildings constructed by each of them over the land at the rate of square foot basis and all the benefits to the petitioners without deducting 18% of GST taxes under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Odisha Resettlement and Rehabilitation Policy 2006. Learned counsel for the petitioners submitted that the petitioners have submitted a representation before the opposite party no.1 on 20.07.2024 vide Annexure-4 highlighting their grievances, but they have not received any communication from the concerned Authority relating to the status of the representation and therefore, a direction may be given to dispose of the same, it may be directed to dispose of within a specified period.

Learned counsel for the State has no objection to such submission.

Considering the submissions made by the learned counsel for the respective parties, without expressing any opinion on the merits of the claim of the petitioners, we dispose of the writ petition directing the opposite party no.1- The Collector, Jharsuguda to take a decision on the representation filed by the petitioners vide Annexure-4 and pass appropriate order in accordance with law within a period of three months from the date of production of a certified copy of this order and communicate the result/decision taken thereon to the petitioners within two weeks thereafter.

Urgent certified copy of this order be granted as per rules.

( S.K. Sahoo) Judge

( Chittaranjan Dash) Judge

RKM