[Cites 3, Cited by 0]
Orissa High Court
***** vs (1) The Collector on 17 March, 2026
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.17999 OF 2022
(An application under Articles 226 and 227 of the Constitution of India)
*****
Arjun Mehar, S/o-Late Damodar Mehar,
Village-Majhapada, PO-Sanghumunda,
P.S.-Hemagiri, Dist - Sundargarh.
...... Petitioner
-Versus-
(1) The Collector, Sundargarh,
At/PO-Dist-Sundargarh.
(2) The Land Acquisition Officer, N.T.P.C.
At/PO-Daripalli, Dist-Sundargarh.
(3) The General Manager, NTPC,
At/PO-Daripalli, Dist - Sundargarh.
(4) The Estate Manager, DLCMP, NTPC, At-Khapurikachhar,
PO- Sanghumuda, Dist - Sundargarh.
....... Opp. Parties
Advocates appeared:
For Petitioner : Mr. Gopal Krishna Nayak & J, Dash
Advocates
For Opp. Parties : Mr. Manmaya Kumar Dash,
Additional Standing Counsel
(For Opp. Party No.1)
: Mr. Nilamadhab Sarkar, Advocate
(For Opp. Party Nos.2 to 4)
CORAM :
MR. JUSTICE K.R. MOHAPATRA
MR. JUSTICE SANJAY KUMAR MISHRA
------------------------------------------------
Heard and disposed of on 17.03.2026
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JUDGMENT
By the Bench;
1. This matter is taken up through Hybrid Mode.
2. Mr. Nayak, learned counsel for the Petitioner prays for
referring the matter for mediation.
W.P.(C) No.17999 OF 2022
3. Mr. Sarkar, learned counsel appearing for the National
Thermal Power Corporation (NTPC) submits that in view of the
issue involved, there is hardly any scope for settlement through
mediation. Hence, the matter is taken up for adjudication.
4. The Petitioner, in this writ petition, prays for a direction
to set aside the letter dated 7th April, 2022 (Annexure-4) issued
by the Estate Manager (DLCMP), NTPC Limited, Dulanga.
5. Mr. Nayak, learned counsel for the Petitioner submits
that the land recorded in the name of the Petitioner under Khata
No.38/123 of Mouza-Majhapada under Hemgir Tahasil in the
district of Sundargarh was acquired by NTPC. Out of three
plots of the said Khata, Plot No.306/914 was a gharabari
(homestead) kisam of land.
5.1. It is submitted that the Petitioner was a permanent
resident of Majhapada prior to three years from the date of
acquisition. Although the Petitioner received the compensation
for acquisition of his land but he was not extended with
rehabilitation and resettlement benefits. Hence, he approached
the Authority under NTPC, Dulanga to extend the benefits
under Odisha Rehabilitation and Resettlement Policy, 2006 (for
brevity 'R & R Policy'). The said application was rejected and
communicated to the Petitioner vide letter dated 7th April, 2022
issued by the Estate Manager, (DLCMP), NTPC.
5.2. It is further submitted that while considering the case of
the Petitioner, the Authority under NTPC held that the
Petitioner was not a permanent resident of the project affected
area of Dulanga Coal Mining Project. Thus, he was not eligible
to get the R & R benefit as per the R & R Policy.
W.P.(C) No. 17999 OF 2022
6. Mr. Nayak, learned counsel for the Petitioner further
submits that the Authority under NTPC did not take into
consideration the Aadhaar Card of the Petitioner submitted with
them for consideration. He had also submitted other relevant
documents in support of his claim. But his claim was arbitrarily
rejected vide letter under Annexure-4. Hence, this writ petition
has been filed to extend the benefit under the R & R Policy
treating him to be a project affected person of Dulanga Coal
Mining Project.
7. Mr. Sarkar, learned counsel appearing for the NTPC
referring to the counter affidavit filed by the NTPC contended
that the Petitioner was a permanent resident of village Rajpur
under Brajarajnagar P.S. in the district of Jharsuguda. He,
however, submits that the land of the Petitioner situated at
Majhapada was acquired for Dulanga Coal Mining Project of
the NTPC. He being not a permanent resident of village
Majhapada/Dulanga, he could not be considered as a project
affected person of Dulanga Coal Mining Project. His name was
also not enumerated in the list of Project Affected Persons. He
referred to the voter I-card of the Petitioner at Annexure-A/3 to
the counter affidavit filed by NTPC, which discloses that the
Petitioner was a resident of Rajpur under Brajarajnagar Police
Station in the district of Jharsuguda. He further refers to the
Indemnity Bond and agreement filed by the Petitioner for
receiving the land acquisition compensation. In the said
agreement, the Petitioner had described himself to be the
resident of village Rajpur under Brajarajnagar Police Station in
the district of Jharsuguda. He, therefore, submits that there is no
W.P.(C) No. 17999 OF 2022
illegality in rejecting the claim of the Petitioner for benefit
under R & R Policy. He accordingly, prays for dismissal of the
Writ Petition.
8. Mr. Dash, learned Additional Standing Counsel also
reiterates the submissions made by Mr. Sarkar, learned counsel
for the NTPC. Referring to the counter affidavit filed by the
Tahasildar and Land Acquisition Officer, Hemgir, he submits
that the land of the Petitioner was acquired under the provisions
of Coal Bearing Areas (Acquisition & Development) Act,
1957. The land acquired situates at Mouza-Majhapada under
Hemagiri Tahsail in the district of Sundargarh. Although
gharabari kisam of land of the Petitioner was included in the
acquired area, but he being not a permanent resident of village-
Majhapada, he was not a project affected person of Dulanga
Coal Mining Project of NTPC. He, therefore, submits that the
writ petition is devoid of merit and is liable to be dismissed.
9. Taking note of the submissions made by learned counsel
for the parties and on perusal of the record, it appears that the
Petitioner had received compensation for acquisition of his land
at Mouza-Majhapada, which included gharabari kisam of land.
But there is no material on record to show that the Petitioner
was a permanent resident of the said village, namely,
Majhapada under Hemagiri Tahasil in the district of
Sundargarh. Dulanga Coal Mining Project of NTPC includes
the Mouza-Majhapada.
10. Mr. Nayak, learned counsel for the Petitioner, however,
submits that the Authority did not take into consideration the
Aadhaar Card issued in favour of the Petitioner. The copy of
W.P.(C) No. 17999 OF 2022
the Aadhaar Card is also placed before this Court, which
discloses that the said Aadhaar Card was issued in the year
2014.
11. Mr. Dash, learned Additional Standing Counsel,
however, referring to the counter affidavit submits that that
land was acquired vide Notification dated 31st November, 2010.
From the documents filed by the NTPC, it appears that the
Petitioner was a permanent resident of village-Rajpur under
Brajarajnagar Police Station in the district of Jharsuguda. The
voter I-card at Annexure-A/3 and the Indemnity Bond as well
as Agreement for receiving the compensation also discloses the
same.
12. In that view of the matter, we are of the considered
opinion that the Authority under the NTPC has committed no
error in rejecting the claim of the Petitioner to extend the
benefit under the R & R Policy. We thus find no infirmity in
the letter under Annexure-4.
13. Accordingly, the Writ Petition being devoid of any merit
stands dismissed. In the facts and circumstances of the case,
there shall be no order as to costs.
Urgent certified copy of the judgment shall be granted as
per rules.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
Signed by: HIMANSU SEKHAR DASH Judge
Reason: Authentication
Location: OHC
Date: 19-Mar-2026 19:03:38
OrissaW.P.(C)
High Court,
No.Cuttack,
17999 OF 2022
Dated 17th March, 2026/Himansu
