Orissa High Court
Swapneswar Naik vs State Of Odisha And Other on 9 November, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
W. P. (C) No.20510 of 2011
Swapneswar Naik .... Petitioner
Mrs. Prabhasi Nayak, Advocate
-versus-
State of Odisha and other .... Opposite Parties
Mr. P. K. Mahapatra for Opp. Parties 4 & 5
and Mr. S. N. Das, ASC
CORAM:
THE CHIEF JUSTICE
JUSTICE A. K. MOHAPATRA
ORDER
09.11.2021
Order No.
05. 1. Pursuant to the query posed to the Government Advocate on the
last occasion, Mr. S. N. Das, learned Additional Standing Counsel
places on record a communication dated 8th November, 2021 of the
Collector, Angul, which reads as under:
"Sir,
With reference to the letter on the subject cited above I
am to submit here with the land acquisition and payment status
of the land acquired by M/s. Kalinga Coal Mining Private
Limited in case of the petitioner Sri Swapneswar Naik S/o- Sri
Bimba Naik is as follows:-
That the Plot No.319/2367, Ac 0.20 decimals and Plot
No.319/2395, Ac 1.00 decimals of Khata No.285/180 of Mouza.
Raijharan which was recorded in the name of the father of the
petitioner has been acquired vide L.A. Case No.5 of 2004 for
the Mining Project of M/s. Kalinga Coal Mining Private
Limited.
Accordingly Award was passed and notice under section
12(2) vide P.R. no.1872 dt.05.01.2007 was issued to Paban
Naik, Gagan Naik and the petitioner declaring that
Rs.5,93,192/- is due for compensation for the land, plantation
and house of the petitioner in Award No.97 of village
Raijharan. The said amount has been paid to the land owner and
land Looser certificate has been issued in favour of Pabana
Naik, Gagan Naik and Swapneswar Naik. Apart from above ex-
gratia amounting to Rs.3,13,325/- has been paid to Sri Pabana
Naik, Gagan Naik and Swapneswar Naik.
To ascertain and for preparation of displaced families a
triangular meeting was held and PDF list has been prepared.
The petitioners name is enlisted at Sl. No.25 in the said list. In
the mean time the said project got stopped, soon after
operational of the said project the R & R benefits of the
applicant will be considered as per the norms and condition of
the Govt. Guideline."
2. Learned counsel appearing on behalf of Opposite Parties 4 and 5
informs the Court that M/s. Kalinga Coal Mines Pvt. Ltd. (KCMPL),
for whom the acquisition took place, has wound up and its project is
no longer in operation. To the best of his information, the coal mines
allocated to KCMPL have, pursuant to the judgment of the Supreme
Court of India in Manohar Lal Sharma v. The Principal Secretary
(2014) 9 SCC 516, been reallocated to the National Aluminium
Company Limited (NALCO).
3. In that view of the matter, as far as the Petitioner's prayer for
rehabilitation by way of employment in the Project is concerned, the
Petitioner is permitted to make a detailed representation to the
NALCO setting out the relevant provisions of the Rehabilitation
Scheme and praying for either employment or cash compensation in
lieu thereof. The Court clarifies that it has not expressed any view on
the prayer of the Petitioner. It will be open to the Petitioner to seek
appropriate remedies if the representation to the NALCO is not
successful.
4. The writ petition is disposed of in the above terms.
5. An urgent certified copy of this order be issued as per Rules.
(Dr. S. Muralidhar)
Chief Justice
(A. K. Mohapatra)
Judge
M. Panda
