Orissa High Court
Gadadhara Biswal & vs General Manager on 4 September, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A No.34 of 2015
Gadadhara Biswal & .... Appellants
others
Mr.S.P. Mishra, Senior Advocate
along with Mr.Soumya Mishra,
Advocate & Ms. Sakshi Rout,
Advocate
-versus-
General Manager, .... Respondents
Jagannath Area, Mahanadi
Coal Fields Limited,
Talcher and another
Mr. K.M. Natraj, A.S.G.I. and
Mr. Pitambar Acharya, Advocate
General along with Mr. Rakesh
Sharma, Advocate,
Mr.Soumyajit Pani, Advocate &
Mr.Debraj Mohanty, Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 04.09.2025
24. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard Mr. S.P. Mishra, learned Senior Advocate
along with Mr. Soumya Mishra and Ms. Sakshi Rout,
learned Advocates appearing on behalf of the appellants
and Mr. K.M. Natraj, learned A.S.G.I., Mr. Pitambar
Acharya, learned Advocate General along with Mr. Rakesh
Sharma, Mr. Soumyajit Pani and Mr. Debaraj Mohanty,
learned Advocates appearing on behalf of the
respondents.
Mr. Sanjay Kumar Dey, Chief Manager
(Mining)/Staff Officer (L & R), Bhubaneswar Area, MCL
and Mr. Abdaal M. Akhtar, the Collector, Angul are
present in person in the Court today.
Mr. S.P. Mishra, learned Senior Advocate appearing
for the appellants has filed an affidavit by way of an
objection to the affidavit dated 02.09.2025 filed by the
respondents, which is taken on record. Paragraph-10 of
the said affidavit enumerates precise demand raised by
the appellants which reads thus:
"10. That, the deponent seeks leave of this Hon'ble
Court to place on record the following facts/clarification
in respect of the Terms of Settlement for better
appreciation of this Hon'ble Court:
(a) That, the Appellants humbly state and submit that
the following demands as raised by the Appellants
are required to be brought to the knowledge of
this Hon'ble Court:
(i) Expeditious and timely completion of work
at the Resettlement Site as per the
approved plan, preferably within a period
of six months.
(ii) To provide company quarters as Transit
Accommodation for 25 Nos. of Appellants
within a period of one month, and
subsequent to which, the said Appellants
shall vacate their lands in the acquired
area within a period of one month hence.
(iii) Expeditious disbursement of House
Building Assistance @ Rs.3,39,383/-
(Rupees Three Lakhs Thirty-Nine Thousand
Three Hundred Eighty-Three only) to the
Appellants as provided in the 9th Biennial
Revision of Rehabilitation Grants in
Monetary Terms vide Resolution dated
18.11.2024 of the Revenue and Disaster
Management Department of Government
of Odisha.
(iv) Incentive for early and expeditious
displacement of PDFs @ Rs.10,00,000/-
(Rupees Ten Lakhs only) as per the
decision taken in the 12th RPDAC Meeting
dated 31.08.2021 as well as the 13th
RPDAC Meeting dated 15.02.2024."
Mr. Natraj, learned A.S.G.I. and Mr. Acharya,
learned Advocate General, on instruction have fairly
submitted that in so far as the demand nos.1 and 2 are
concerned, the same would be accepted as it is and in
regard to the other demands of the appellants, the same
would be given as per their entitlements in accordance
with the R & R Rules, 2006 on the basis of their individual
entitlement/eligibility. To that effect, a detailed affidavit
has been filed, which is taken on record.
Hearing is concluded and judgment is reserved.
( S.K. Sahoo)
Judge
Subhasis ( S.S. Mishra)
Judge
Designation: Personal Assistant
Location: High Court of Orissa, Cuttack.
Date: 04-Sep-2025 18:48:27
