Sudarsan Nag vs Anu Garg
2023 Latest Caselaw 92 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CONTC No. 716 of 2022

        Sudarsan Nag                    ....            Petitioner
                                       Mr. P.K. Behera, Advocate
                               -versus-
        Anu Garg, I.A.S. & others       ....         Opp. Parties/
                                                    Contemnors
                                        Mr. L. Samantaray, AGA
                       CORAM:
                       JUSTICE JASWANT SINGH
                       JUSTICE M. S. SAHOO

                                       ORDER (Oral)

03.01.2023 Order No. Hybrid Mode

01. 1. The petitioner is stated to have filed the instant 2nd contempt for the violation of the order dated 03.03.2020 passed in W.P.(C) No.7658 of 2020 supplemented by the order dated 28.07.2021 passed in 1st CONTC No.2511 of 2020.

2. It is claimed that the amounts of enhanced compensation awarded by the reference court (under Section 18 of the old Land Acquisition Act, 1894) in terms of the judgment dated 03.05.2018 passed by the learned Civil Judge (Senior Division), Nuapada in L.A.R. No.291 of 2017 has not yet been disbursed in spite of the positive directions passed by this Court in the aforesaid two orders dated 03.03.2020 and 28.07.2021.

3. Mr. L. Samantaray, learned Addl. Govt. Advocate for the opposite parties states that the delay in sanction and disbursement of payment of the admissible amounts of enhanced compensation has occurred in view of the claim of additional benefits under the R & R Policy, 2006 by some // 2 //

of the land losers resulting into an enquiry being conducted qua all the cases.

However, upon instructions from Shri Alok Kumar Kar, Director, R & R, Govt. of Odisha, he submits that the admissible amounts shall positively be released to the petitioner within one month from today.

4. In view of the aforesaid statement of the officer concerned made through his counsel, learned counsel for the petitioner states that he has no objection if the present contempt is disposed of, subject to binding them down to their stand.

In view of the aforesaid development, the present contempt petition is disposed of with the condition that the officer concerned shall ensure the release of the admissible amounts to the petitioner positively within four weeks from today but not later than 3rd of February, 2023, failing which the officer concerned shall be liable to pay the exemplary cost to be personally borne by him for which the petitioner is free to seek revival of the present contempt by making a proper application.

(Jaswant Singh) Judge

(M.S. Sahoo) Judge

3rd January, 2023 Cuttack RRJena/Gs