Rabinarayan Sahoo vs Ajit Kumar Ojha And Others

This matter is taken up by hybrid mode.

Heard Mr. S.K. Ray, learned counsel for the petitioner; Mr. L. Samantray, learned Addl. Government Advocate appearing for the State-opposite party and Mr. B.S. Tripathy-1, learned counsel for opposite party-NTPC.

Against non-compliance of the order dated 02.08.2016 passed by this Court in W.P.(C) No. 8430 of 2013, the petitioner has approached this Court by filing the present contempt petition.

Mr. S.K. Ray, learned counsel for the petitioner contended that this Court, vide order dated 02.08.2016 in W.P.(C) No. 8430 of 2013, issued following directions:-

“Considering the submissions made and the fact that the compensation amount pursuant to the direction of this Court in OJC No.2162 of 2001 has not been deposited by the NTPC, we dispose of this writ petition directing the NTPC to deposit the compensation amount within a period of four weeks from today in compliance of the earlier order of this Court in OJC No.2163 of 2001. We further direct the State Government as well as the NTPC to take steps for disbursement of the compensation amount as per the calculation sheet given by the opposite party no.2 at paragraph-6 of the affidavit filed on 29.01.2016 as well as the misc. case filed today in Court.”

It is contended that since pursuant to the direction given by this Court in OJC No. 2162 of 2011 the compensation amount has not been deposited by the NTPC, this Court, disposed of the writ petition directing the NTPC to deposit the compensation amount within a period of four weeks in compliance of the earlier order passed by this Court in OJC No. 2163 of 2001. But till date the said order has not been complied with and in the meantime more than 20 years are going to be passed. It is further contended that by playing hide and seek, the opposite party-NTPC has not deposited the amount nor the compensation amount has been disbursed to the petitioner. Therefore, the petitioner has filed this contempt petition.

Mr. L. Samantray, learned Addl. Government Advocate appearing for the State-opposite party contended that a show cause affidavit has been filed by the Collector, by which it has been stated that the Collector has directed the NTPC to deposit a sum of Rs.2,46,03,447/-, but by depositing a sum of Rs.39,94,026/-, it has been stated that the order of this Court has been complied with. As such, the amount deposited by the NTPC has not been accepted and returned to the NTPC calling upon them to deposit an amount of Rs.2,46,03,447/- with the District Administration towards compensation amount as per the RTFCTLAR&R Act, 2013.

As it appears, though the aforesaid affidavit has been filed on 18.01.2017, but till date the order of this Court has not been complied with. This clearly shows that the General Manager, NTPC has scant regard towards the order passed by this Court. As such, this Court is of the prima facie view that the opposite party-NTPC has already violated the order passed by this Court.

Therefore, this Court directs the General Manager, NTPC, Kaniha, Angul to appear in person before this Court on 03.10.2023 and show cause as to why he shall not be suitably punished for violation of the order passed by this Court. Needless to say, if the order of this Court has been complied with, he may not appear on the date fixed.

List this matter on 03.10.2023..

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