Tapan Kumar Behera vs State Of Odisha And Others
2023 Latest Caselaw 1023 Ori

Citation : 2023 Latest Caselaw 1023 Ori
Judgement Date : 31 January, 2023

Orissa High Court

Tapan Kumar Behera vs State Of Odisha And Others on 31 January, 2023

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P (C) No. 2039 of 2023

Tapan Kumar Behera                      .....                                  Petitioner
                                                             Mr. P.K. Behera, Advocate

                                        Vs.
State of Odisha and others              .....                            Opposite Parties
                                                                         State Counsel
              CORAM:
                  DR. JUSTICE B.R. SARANGI
                  MR. JUSTICE B.P. SATAPATHY

                                               ORDER

31.01.2023 Order No. This matter is taken up through hybrid mode.

01.

2. Heard learned counsel for the petitioner and learned Addl. Government Advocate for the State.

3. The Petitioner in the present writ petition seeks a direction to Opposite Party No.1-Principal Secretary to Government, Works Department, Odisha, Bhubaneswar to sanction and release the awarded amount in favour of the Petitioner for acquisition of land for construction of Link Road to N.H.26 as per the judgment dated 15.07.2022 passed by the Presiding Officer, LAR & R Authority, Berhampur in LAR & R Case No.75 of 2021.

4. Learned counsel for the Petitioner submitted that the Petitioner has filed an application under Section-64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLAR & R Act, 2013) for higher compensation which was referred to the LAR & R Authority, Berhampur for adjudication. The court below registered it as LAR & R Case No.75 of 2021 and the same was disposed of on 15.07.2022 and higher compensation was awarded. He further submitted that till date the amount has not been disbursed.

5. In view of the above, we dispose of the writ petition with a

direction to the Opposite Party No.1 to sanction the amount at an early stage and thereafter the Opposite Party No.4-Land Acquisition Officer, Kalahandi shall take expeditious step for disbursal of the compensation amount in favour of the Petitioner by the end of May, 2023, if there is no other legal impediment.

Issue urgent certified copy as per rules.

(DR. B.R. SARANGI) JUDGE

Subrat (B.P. SATAPATHY) JUDGE