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High CourtsDivision Bench(2023) 02 OHC CK 0084

Dusasan Kata vs Surendra Kumar, Principal Secretary, Department Of Water Resources, Government Of Odisha, Bhubaneswar, Districtkhurda And Another

Orissa High Court · Decided on 13 February 2023

HON’BLE JUDGES
Jaswant Singh, J · M.S. Sahoo, J
RESULT
Disposed Of
CASE NUMBER
CONTC No.67 Of 2021
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Judgment

6 paragraphs · 333 words
1.

The present Contempt Petition has been filed for the alleged willful disobedience of the order dated 2nd September, 2020 passed by this Court in W.P.(C) No.15282 of 2020, whereby the Principal Secretary, Department of Water Resources and Director (R&R) & Ex-Officio, Additional Secretary, Department of Water Resources were directed to take a decision on the proposal sent by the Collector, Nuapada for grant of additional benefit/compensation under the Odisha Resettlement & Rehabilitation Policy, 2006 for the lands acquired for construction of Lower Indra Irrigation Project, Khariar within the stipulated time.

2.

At the time of hearing, Mr. Samantaray, learned Additional Government Advocate upon instructions from the Special Land Acquisition Officer, L.I.P., Khariar states that the delay has occurred upon objections raised by the higher authorities on the amounts/benefits as per the proposal, which was required to be re-verified. He further states that after re-verification, a fresh proposal duly approved by the Collector, Nuapada shall now be forwarded within seven days from today to the Director, (R & R), Department of Water Resources, Bhubaneswar for grant of sanction and disbursement of the amounts/benefits. He further states that the entire exercise of disbursement of the admissible amounts/benefits to the petitioner(s) shall be completed within two months from today but positively not later than 30th April, 2023.

In response, Mr. Behera, learned counsel for the petitioner has no objection, if the present Contempt Petition is disposed of in view of the aforesaid stand of the State counsel appearing on behalf of the contemnors/opposite parties.

3.

Accordingly, the present Contempt Petition is disposed of in terms of the aforesaid timeline to be followed by the contemnors/opposite parties for disbursing the admissible benefits/compensation to the petitioner(s).

However, in case, the timeline is not followed, the petitioner(s) shall be free to seek the revival of the present Contempt Petition by making a proper application. It is clarified that in such eventuality, the contemnors/opposite parties shall be liable to pay exemplary costs from their own pocket as well.

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