Rama Patel @ Satram Patel vs Mr. Tarani Suna
2022 Latest Caselaw 3667 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CONTC No.694 of 2022

       Rama Patel @ Satram Patel              ....                   Petitioner
                                         Mr. Bijaya Kumar Behera-1, Advocate

                                        -versus-

       Mr. Tarani Suna, Special Land            ....             Opposite Parties
       Acquisition Officer, Khariar &
       Another
                                                        Mr. L. Samantaray, AGA


                          CORAM:
                         JUSTICE JASWANT SINGH
                         JUSTICE M.S. RAMAN
                                         ORDER (Oral)

Order No.                                 03.08.2022
 02.       1.      This matter is taken up by virtual/physical mode.

2. The premise for invoking the contempt jurisdiction is that the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar has not re-determined the amount of compensation in compliance of award/judgment dated 27th February, 2019 pertaining to Land Acquisition Reference Case No. 53 of 2012 seeking payment of compensation under Section 28-A of the Land Acquisition Act, 1894 within the time stipulated by this Court in the writ petition filed earlier by the Petitioner.

3. Mr. L. Samantaray, Additional Government Advocate while providing the reason for the delay, has submitted that the Land Acquisition Officer concerned has since ascertained the amount of compensation to be paid to the Petitioner and vide memo dated 12th May, 2022 has recommended to the State Government for grant of // 2 //

approval for release of the amounts and disbursement to the Petitioner. He states that the technically order stands complied with. However, keeping in view the true spirit of the order, the Competent Authority shall within next two months ensure that the admissible amounts are sanctioned and disbursed to the Petitioner.

4. In view of the above, we dispose of the present contempt petition with a direction to the Competent Authority to ensure the disbursement of the admissible amounts to the Petitioner by 31st October, 2022, failing which the Petitioner shall be entitled to revival of the present contempt by filing a proper application.

Issue urgent certified copy as per rules.

(Jaswant Singh) Judge

(M.S. Raman) Judge

Laxmikant August 3, 2022 Cuttack