Gyana Ranjan Nayak & Ors. v. The Union of India & Ors.

Mr. P.K. Parhi, DSGI Mr. B.K. Padhi, CGC CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 13.03.2024

This matter is taken up through hybrid arrangement.

In filing this Writ Petition, the Petitioners have sought for a direction from this Court to the Opposite Parties for paying compensation of a sum of rupees three crores to them due to illegal digging and extraction of 1000 trips of soil from their schedule land.

During course of hearing, learned counsel for the Union of India drawing the attention of this Court to the provision under Section 13 of the Railway Claims Tribunal Act, 1987 submits that instead of filing this Writ Petition, the Petitioners should have approached the appropriate forum for redressal of their grievance. Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 14-Mar-2024 18:32:05

The provision under Section 13 of the Railway Claims Tribunal Act, 1987 is extracted herein below:- // 2 // “13. Jurisdiction, powers and authority of Claims Tribunal. (1) The Claims Tribunal shall exercise, on and from the appointed day, all such jurisdiction, powers and authority, as were exercisable immediately before that day by any Civil Court or a Claims Commissioner appointed under the provisions of the Railways Act,- (a) relating responsibility of railway administrations as carriers under Chapter VII of the Railways Act in respect of claims for- loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to a railway administration for carriage by railway; (i) compensation (ii) compensation payable under section 82-A of the Railways Act or the rules made thereunder; and (b) in respect of the claims for refund of fares or part thereof or for refund of any freight paid in respect of railway animals administration to be carried by railway. or goods entrusted a [(1-A) The Claims Tribunal shall also exercise, on and from the date of commencement of the provisions of section 124-A of the Railways Act, 1989 (24 of 1989), all jurisdiction, powers and authority as were exercisable immediately before that date by any Civil Court in respect of claims for compensation now payable by the railway administration under section 124-A of the said Act or the rules made thereunder.] [(1-B) The Claims Tribunal shall also exercise, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), the jurisdiction, powers and authority conferred on the Tribunal under Chapter VII of the Railways Act, 1989 (24 of 1989)]. (2) The provisions of the [Railways Act, 1989 (24 of 1989)] and the rules made thereunder shall, so far as may be, be applicable to the inquiring into or determining, any claims by the Claims Tribunal under this Act. Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 14-Mar-2024 18:32:05

Considering the submission of learned counsel for the Union of India and looking to the above provision, this Court directs the Petitioners to approach the appropriate forum for redressal of their grievance. // 3 //

This Writ Petition is, accordingly, disposed of. Ayaskanta Judge (Dr. S.K. Panigrahi) Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 14-Mar-2024 18:32:05