Jalam Sunani vs Mr. Tarani Suna
2022 Latest Caselaw 5100 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CONTC No.688 of 2022

       Jalam Sunani                           ....                   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 re-determined the amount of compensation in compliance of award/judgment dated 8th August, 2018 pertaining to Land Acquisition Reference Case No.113 of 2011 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 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