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2009 DIGILAW 1183 (SC)

ARCHBISHOP RAPHAEL CHEENATH S. Y. D. v. STATE OF ORISSA

2009-05-11

B.S.CHAUHAN, K.G.BALAKRISHNAN, P.SATHASIVAM

body2009
ORDER 1. Heard learned Senior Counsel for the petitioner and also learned counsel for the State. 2. It is pointed out by learned counsel for the petitioners that in some of the cases where the houses have been destroyed and damaged, full compensation has not been paid. It is also submitted that all the dependants of the deceased persons have not received compensation. 3. On the other hand, learned Senior Counsel appearing for the State of Orissa submitted that it has been assessed that about 4588 houses spread over in 8 blocks suffered damage and steps are being taken to pay compensation. It is pointed out that in these 8 blocks one IAS officer each has been deputed to look after the rehabilitation measures and it is also stated that in some of the cases first instalment has been paid and in some cases second instalment has been paid and in some other cases third instalment has also been paid. 4. It is pointed out by learned counsel for the petitioners that in the case of 917 families, first instalment has not been paid but it is disputed by learned counsel for the State. The State may pursue the disbursement of compensation to these families. 5. It is submitted by counsel for the State that in the case of 42 deaths which have taken place, dependants/legal heirs of the deceased have been paid compensation by the State of up to Rs. 2 lakhs and Rs. 3 lakhs has to be paid by the Union of India and the list has already been sent by the State but the learned Additional Solicitor General submits that only 33 cases have been recommended by the State and out of them 30 have been paid compensation and the rest of the three have been rejected. As regards the rest, the State may send its recommendations to the Central Government and as soon as the same are received by the Central Government, it may take appropriate action and the compensation shall be disbursed at the earliest. 6. List after eight weeks. IAs Nos. 1 and 2 7. Issue notice. Court Masters