Orissa High Court
Birsa Xalxo @ Birsha vs State Of Odisha And on 22 April, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.33398 of 2021
Birsa Xalxo @ Birsha ..... Petitioners
Oram and others
Mr. Sanjeev Udgata,
Advocate
-versus-
State of Odisha and
others ..... Opp. Parties
Mr. Gyanalok Mohanty,
Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
Order No.
22.04.2025
07. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
As per order dated 26.03.2025, learned counsel for
the State has produced a letter dated 13.03.2025 of the
Land Acquisition Officer, Sundargarh addressed to the
Superintending Engineer, Rourkela, Irrigation Division,
Rourkela, wherein it is stated that the 12 petitioners, who
Signed by: SIPUN BEHERA
Designation: Senior
Stenographer
Reason: Authentication
Location: HIGH COURT OF
ORISSA, CUTTACK
Date: 22-Apr-2025 16:52:22
have filed the writ petition are in the list of 339 families
for whom the compensation is yet to be sanctioned. The
letter is taken on record.
Mr. Udgata, learned counsel for the petitioners
pointed out the letter no.142 dated 05.02.2014 vide
Annexure-7 series of the Collector, Sundargarh
addressed to the Director R & R and Ex-Officio, Addl.
Secretary to Government, W.R. Department,
Bhubaneswar in connection with rehabilitation assistance
to the project affected persons of Kansbahal Irrigation
Project. In the said letter, it is stated as follows:
"The Executive Engineer, Sundargarh
Irrigation Division, Sundargarh has deposited
a sum of Rs.4,38,89,000.00 for disbursement
to the displaced families of Kansbahal
Irrigation project as per sanctioned estimate
and rules in force. The displaced families had
filed a petition in the High Court challenging
the Rehabilitation benefits. The High Court in
his judgment has observed that the Govt. had
not sanctioned the estimated amount
proposed for payment of compensation for
homestead and Agriculture land.
The displaced families were in protest since
1991. The honorable High Court passed an
order on 24.08.2000 to pay Rehabilitation
assistance as applicable to the displaced
families within a period of six month. The
payment has not yet been started though 12
to 13 years have already been passed. The
Addl. Secretary to Govt. in W.R. Deptt. has
communicated a sanction order of one crore
for payment of Rehabilitation Assistance to 86
families in a flat rate of Rs.1,72,845/- and to
90 families @ Rs.1,44,740/-. Thereafter no
further communication received by this office
regarding sanction of funds to rest 339
displaced families. The Executive Engineer
without mentioning the details of sanction
order and amount to be paid to each
displaced families had deposited
Rs.4,38,89,000/-.
Therefore, I am to request you to issue
necessary clarification as to whether the
Rehabilitation assistance will be paid at a flat
rate of Rs.1,72,845/- to all the 515 families
excluding 90 displaced families who have
received 20075/- earlier. Those 90 families
will be paid @ Rs.1,44,740/- as indicated in
letter No.8579 dt.25.03.2010 of WR Deptt.
An early clarification is requested since the
matter is abnormally delayed."
Mr. Udgata, learned counsel for the petitioners
submits that even though the amount has been
deposited way back in the year 2014 and clarification has
been sought for as to what rate, the rehabilitation
assistance would be paid, but no such clarification has
yet been received by the Collector, Sundargarh, for which
there is inordinate delay in disbursement of the
compensation amount.
Let the Director R & R and Ex-Officio, Addl.
Secretary to Government, Water Resources Department,
Bhubaneswar, opp. party no.6 appear through virtual
mode on tomorrow (23.04.2025) at 10.30 a.m. to
apprise this Court about the status of the letter no.142
dated 05.02.2014 of the Collector, Sundargarh.
List this matter tomorrow (23.04.2025).
A free copy of the order be handed over to the
learned counsel for the State for compliance.
( S.K. Sahoo)
Judge
(S. S. Mishra)
Judge
sipun
