Mathura Nath Hota vs. State Of Odisha
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Cause title — parties, addresses and appearances
ORDER 17.04.2023 Order No.
This matter is taken up through hybrid mode.
Heard Mr. S.K. Mishra, learned counsel for the petitioners and Mr. J.P. Pattnaik, learned Government Advocate appearing for the State-opposite parties.
Mr. S.K. Mishra, learned counsel for the petitioners contended that in view of the order dated 08.04.2021 passed in I.A. No. 5698 of 2021 since the names of petitioners no.2, 3 and 4 have already been deleted, prayer in the present writ petition is confined to rest of the petitioners.
The petitioners have filed this writ petition seeking direction to the opposite parties to follow the mandatory provisions of law and make SIA Study under Section 4 of the LAAR Act and the demarcation for demolition of houses be treated as bad in law before publication of notification under Section 11 of LAAR Act. The petitioners further seek to quash the action of the authorities in construction of faultily designed ROB at LC No.80 along with connected approach roads under Annexure-4 series.
Mr. S.K. Mishra, learned counsel for the petitioners contended that the petitioners are grossly aggrieved by the action taken by the opposite parties. It is contended that the opposite parties made demarcation by which their houses have been marked and, as such, they are in apprehension of demolition of their houses. Therefore, they have approached this Court by filing the present writ petition.
Mr. J.P. Pattnaik, learned Government Advocate appearing for the State-opposite parties contended that there is no question of apprehension of any eviction of the houses of the petitioners and eviction from their land. If at all any possession would be taken place that should be done in accordance with law.
Having heard learned counsel for the parties and after going through the records, this Court finds that pursuant to notice issued, the opposite parties have filed their counter affidavit, paragraphs-6 and 8 whereof read as under:
“6. That in reply to the averments made in Para-1 of the writ petition it is humbly submitted that the alignment and combined Drawing (Both for State & Railways) for construction of Railway over bridge in lieu of level crossing L.C. No.80(At. K.M.232/5-7) between Balasore Nilgiri Road Station, KGP-BHC Section of KGP Division was approved by the Railways Authorities on the basis of which estimate has been prepared for State portion was accorded administrative approval by the Government in Works Department vide Lr.No.19007 Dt.22.12.2018 for rs.42,66,67,016.00 (Rupees Forty two croroe Sixty six lakh Sixty seven thousand Sixteen only). The work proper was put to tender, and awarded to Sri Prahallad Charan Baug, Super Class Contractor who was selected and his tender was accepted by the Chief Engineer (DPI & Roads) Odisha, Bhubaneswar and agreement was made for an amount of Rs.29, 30, 25,600.00(Rupees Twenty nine crore thirty lakh twenty five thousand six hundred only) including GST vide Agreement No.854 P.I.(C.E) of 2018-19 and work order No.4631 dt. 02.03.2019 has been issued to the Agency with date of completion on dt.01.02.2021. That the road in question starts from O.T Road( Traffic Thana Chhak) Police Line and connected with National Highway near Birla Tyres. That the construction of Railway over Bridge has been decided by the railways Authorities at the location of existing Level Crossing no-80 near Angaragadia inside Balasore city to avoid heavy rush of large volume of traffic near this Level Crossing both sides day & night as this Level Crossing is very close to Balasore Railway station and the trains are running frequently from both sides. The Opposite parties are Law abiding officers, they have acted as per Law rules and regulations framed by Govt. They have every respect to the dignity majesty of the Law of lands. That as per rules and right procedure, the private land of the petitioners will be acquired and compensation will be paid to them as per rate as due as per sale statistics of mouz/village of (Angargadia and Sovarampur) to be assessed by Land Acquistion Officer, Balasore. Hence the allegation made in this para is flase, fabricated and unjustified which are denied by the opposite parties. Copy of Agreement No.854 P-I (C.E) of 2018-19 and copy of work Order no.4631 dt. 02.032019 for construction of ROB at L.C No.80 are annexed herewith as Annexure-A/5 & B/5 respectively.
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That in reply to the averments made in Para-3 of the writ petition it is humble submitted that the petitioners are inhabitants of village – Angargadia and Sovarampur. The land of the petitioners will be acquired wherever necessary after preparation of land acquisition estimate on the basis of present Bench Mark value of sale statistics in the locality. The land acquisition estimate will then be processed through the Land Acquistion Officer, Balasore to the Collector, Balasore for approval with due notice to the land owners on the basis of prevailing rules of land acquisition by direct purchase. The allegation made by the petitioners against Opp. Parties that the attempt of opposite parties to take the lands of the petitioners forcibly as well as to demolish their residential houses are totally false fabricated, intentional and deliberated one which are denied by the opposite parties.
In the above view of the matter, since the land of the petitioners have not been acquired, question of demolition of their houses at this stage does not arise and, as such, as and when the lands of the petitioners are acquired, the authority shall follow the procedure in accordance with law. Therefore, if at all the opposite parties decided to acquire the land, they have to follow the procedure in accordance with law.
With the above observation and direction, the writ petition stands disposed of.
Ashok
(DR. B.R. SARANGI)
JUDGE
(M.S. RAMAN)
JUDGE
Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.