Chandrama Sahu and others State of Odisha and others … v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 20357 of 2016 Chandrama Sahu and others State of Odisha and others ….. Vs. ….. Petitioners
Legal Reasoning
Mr. S.K. Dash, Advocate Opposite Parties Mr. P.K. Muduli, AGA CORAM: DR. JUSTICE B.R. SARANGI MR. JUSTICE G. SATAPATHY
Decision
ORDER 05.04.2024 Order No. 12. This matter is taken up by hybrid mode. 2. Heard Mr. S.K. Dash, learned counsel for the petitioners and Mr. P.K. Muduli, learned Additional Government Advocate for the State-opposite parties. 3. In compliance of the order dated 30.08.2023, an affidavit has been filed by the Land Acquisition Officer, Ganjam on 22.03.2024 wherein at Paragraph-5 it has been stated as follows:- “5. That, after receipt of the Order dtd. 30.08.2023 passed by this Hon'ble Court, the deponent searched the available records relating to the lands in question but could not find any document on the basis of which, the then Land Acquisition Officer, Sri Ramakanta Sethee has filed the Counter Affidavit indicating in Paragraph-8 thereof that award u/s. 11 of the Act was passed for the Project on 29.01.2004.” 4. As it reveals from the record, a counter affidavit has been filed on behalf of Opposite Party Nos. 2 and 4 sworn in by Ramakanta Sethee, Land Acquisition Officer, Ganjam dated 16.01.2017 wherein at paragraph 8 it has been stated as follows:- “8. That in reply to the averments made in paragraph-5 of the writ application, it is humbly submitted that the commencement of new LA Act i.e. RFCTLAR&R Act. 2013 doesn't have any bearing Page 1 of 4 to the said project, as the Award U/s-11 of the act was passed for the project on Dt. 29.01.2004 i.e more than 5 years before the commencement of the new act and almost all the land losers have received compensation as on the date of handing over possession of land of the said project. On the present date the ROR has already been corrected in the name of IDCO, Bhubaneswar. Hence there is no question of lapse of the project or fresh initiation of LA proceeding.” 5. Subsequently, another affidavit has been filed by Opposite Party Nos. 2 and 3 sworn in by the Land Acquisition Officer, Ganjam on 03.07.2023 wherein at Paragraph-4 it has been stated as follows:- “4. That, it is humbly submitted that the total extent of Ac. 46.125 has been acquired for the project, "Construction of Autonagar Complex at Haladiapadar" including Plot No.1131 (Ac. 0.460 dec.) & Plot No. 1132 (Ac. 0.200 dec.) under Khata No.-255 of village - Haladiapadar recorded in the name of Gopinath Sahu who is deceased husband of plaintiff Chandrama sahu (Annexure A). It is pertinent to mention here that, prior to initiation of the Land Acquisition proceeding. there was a title dispute between plaintiffs and defendants in T.S No.- 06/1993 before the court of the learned Civil Judge (J.D), Berhampur, which was disposed of in the year 2011. However, rest of Plot nos. 1114, 1118, 1139, 1140 & 1141 in Khata No.- 255 of Chandrama Sahu, W/o- late Gopinath Sahu was paid compensation amount at that time u/s. 11 of LA Act 1894 (Annexure - B/3) on thorough verification of the LA Case Record, it is found that Award has not been passed in respect of Plot Nos. 1131 & 1132 on the Petition made by Sappa Mahalaxmi, wife of Sappa Simadri as there is title dispute pending in the Court below though calculation has been made in the Demand Valuation Khata. All these facts will be evident from the Demand Valuation Khata (Annexure C/3) and Yadast Register (Annexure D/3). The Petitioner as well as other land losers have received the amount but in respect of Plot No. 1131 & 1132, the Petitioner had not signed in the DVK Register and during preparation of yaddast, the then Officer ordered not to release the Award in respect to Plot Nos. 1131 & 1132. The amount of Rs.3,99,098/- in respect of Plot Nos.1131 & 1132 as reflected in the Demand Value Khata Register along with other undisbursed compensation amount total amounting to Rs.51,17,700/- has been deposited in Civil Deposit Vide letter No.322, dtd.24.09.2021 Vide Chalan No.00009 (Annexure - E/3).” 6. Since there were conflict in the statements of the affidavits Page 2 of 4 filed by two different Land Acquisition Officers, this Court vide order dated 30.08.2023 called upon the present Land Acquisition Officer to file a specific affidavit. Accordingly, the affidavit dated 22.03.2024 has been filed indicating the facts as stated in Paragraph- 5 of the affidavit which has been quoted as above. Paragraph-5 of the affidavit reveals that the deponent searched the available records relating to the land in question, but could not find any document on the basis of which the then Land Acquisition Officer, Sri Ramakanta Sethee has filed the counter affidavit indicating in Paragraph-8 thereof that award U/s. 11 of the Act was passed for the project on 29.01.2004. 7. The affidavit so filed by the then Land Acquisition Officer, Ganjam, Ramakanta Sethee being a false one, the same has got wide ramification because a responsible Officer of the Government has filed this false affidavit before this Court. Therefore, he is liable to be prosecuted criminally U/s. 340 of the Cr.P.C. Accordingly, this Court directs that for filing of false affidavit before this Court prosecution be launched against him before the Court below and action should be taken for filing of such false affidavit before this Court in accordance with law. 8. In the counter affidavit dated 22.03.2024, the present Land Acquisition Officer, at Paragraph-8 has stated as follows:- “8. That, it is submitted that in the accompanying Writ Petition, the Petitioners have prayed to direct the Opp. Parties to initiate appropriate proceedings for acquisition of Plot Nos. 1131 & 1132 of Khata No. 255 in Mouza - Haladiapadar in the district of Ganjam in accordance with the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013(for short "RFCTLAR & R Act, 2013". Since after verification, it has been found that no Award has been passed in respect of the lands in question ie. Plot Nos. 1131 & 1132, necessary permission / liberty be granted to this deponent to pass necessary Award in respect of Plot Nos. 1131 & 1132 as per the provisions of RFCTLAR & R Act, 2013 so Page 3 of 4 that a request can be made to the IDCO to make deposit of the balance awarded amount by deducting a sum of Rs.3,99,098/- which is lying with this Office on being deposited by the IDCO in the year 2003-04 for acquisition of the Plots in question.” 9. In view of the above, since the land Acquisition Officer has prayed for leave of this Court to proceed in accordance with the provisions of right to fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for acquisition of the plots, let him to do so as expeditiously as possible so as to pass necessary award and disburse the same in favour of the Petitioner. The steps shall be taken by him within a period of four weeks, so that the relief sought for by the Petitioner can be granted. Needless to say, since the land has been acquired for the purpose of IDCO, the IDCO authorities are directed to provide necessary assistance so that the compensation amount can be disbursed in favour of the Petitioner within the time stipulated. 10. With the above observation, the writ petition stands disposed of. JUDGE (DR. B.R. SARANGI) Arun (G. SATAPATHY) JUDGE Signature Not Verified Digitally Signed Signed by: ARUN KUMAR MISHRA Designation: ADR-cum-Addl. Principal Secretary Reason: Authentication Location: High Court of Orissa Date: 08-Apr-2024 11:34:00 Page 4 of 4