Dagreswar Nial vs Mr. Tarani Suna
2022 Latest Caselaw 5097 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CONTC No.687 of 2022

       Dagreswar Nial                        ....                   Petitioner
                                        Mr. Bijaya Kumar Behera-1, Advocate

                                      -versus-

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


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

Order No.                                24.09.2022
 01.       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 determined the amount of compensation on the application moved by the petitioner under Section 28-A of the L.A. Act for re-determination of the enhanced amount of compensation on the basis of the award/judgment of the Reference Court dated 5th January, 2019 in respect of LAR Case No. 17 of 2017 in village Konabira within the stipulated time.

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 has recommended to the // 2 //

State Government for grant of 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 December, 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

Basudev September 24, 2022 Cuttack