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2014 DIGILAW 608 (ORI)

Kirtan Chandra Dehury v. State of Odisha

2014-09-19

AMITAVA ROY, B.R.SARANGI

body2014
Judgment Dr. B.R.SARANGI, J.- The villagers of village Takua have filed this application seeking direction to the opposite party not to interfere in their peaceful possession or Gramya Jungle, Gochar and Srnasan of their village as recorded in Annexure-2', the record-of-rights and to leave the same to remain as it is for their benefit. 2. The short fact of the case in hand is that the village of the petitioners. Takua is situated under Kaniha Block in the district of Angul. In the year 1988-89 the Central Government proposed to establish the National Thermal Power Corporation at Kaniha and, accordingly, the State Government acquired lands from different villages under the Land Acquisition Act. The village Takua is one of such villages from which an area of AC.360. 740 decimals of land recorded as Gramya Jungle, Gochar, Smasan and other community lands bearing plot Nos.2194, 2065, 1520,2139, 1524, 1536,2048, 1916, 1897, 1890, 1637, 1581, 1810, 1565, 1458 and 1437 under Khata No.99 was acquired. The villagers were given compensation after giving notices to them. The villagers have been protecting the Gramya Jungle by investing huge amount of money for raising different types of trees for the purpose of protecting the climate from pollution and have been using Gochar land for grazing of their cattle. At this point of time, when in June, 2011 the Tahasildar along 2011 the officers of Mahanadi coal Field Ltd. started survey of the Gramya Jungle, Gochar and Smasan without giving any notice to them they learnt that the district administration was trying to utilize the said lands for the purpose of construction of colonies for the land losers of village Jarada whose lands had been taken away by Mahanadi Coal Field Ltd. (opp. party Nos.6 & 7). The villagers raised objection by way of filing representation to the Collector, Angul-opposite party no.2, with copies to other opposite parties ventilating their grievances and requesting them not to take away the aforesaid lands the same being used as their community lands which were the only lands available in their village for the said purpose vide Annexure-4 dated 14:09.2011. The villagers raised objection by way of filing representation to the Collector, Angul-opposite party no.2, with copies to other opposite parties ventilating their grievances and requesting them not to take away the aforesaid lands the same being used as their community lands which were the only lands available in their village for the said purpose vide Annexure-4 dated 14:09.2011. In spite of receiving the said objection, opposite party no.3- Tahasildar, Kaniha issued notice on 12.03.2012 to the President, Secretary and other members of their village committee to remain present in the Tahasil Office on 23.03.2012 at about 3 P.M. for a discussion about the protest raised by them against the proposed construction of MCL colony in their village. Pursuant to notices, the petitioners and other villagers attended the meeting but without any discussion the meeting was closed for reasons best known to opposite party no.3. Finding no other alternative, the petitioners approached this Court by filing this Writ Petition. 3. Opp. Party.nos.2 to 4 filed their counter affidavit stating that a Lease Case bearing NO.01/2012 has been instituted basing on the requisition filed by the General Manager, MCL, Kaniha for establishment of resettlement colony at village Takua on the basis of land settlement for the land oustee families of village Jarada. The villagers are using AC.91.36 of Government land against the basic requirement .of AC.25.72 , for communal purpose which area can be adjusted/allotted for the said purpose in the Gochar and Smasan lands etc. The AC.109.690 of land for the proposed MCL Colony is out of the Patit, Sarad and Talia kisam and not under Jungle kisam and the same was pre 1980 status, as also the present status. It is further stated that the Tahasildar, Kaniha convened a meating on 23.03.2013 with the villagers to discuss tile issue with the villagers but the villagers stuck to their point not to allow any portion of land for their communal alienation in favour of MCL and refuted the factum of recording of the proposed lands as Gramya Jungle, Gochar anu Smasan. A general notice regarding acquisition of land was issued on 02.01.2012 and the villagers having filed objection to that before the Collector, Angul they were called by the Collector for being heard on their grievances on different dates. A general notice regarding acquisition of land was issued on 02.01.2012 and the villagers having filed objection to that before the Collector, Angul they were called by the Collector for being heard on their grievances on different dates. As there was no land in village Jarada due to acquisition of MCL and there are surplus land in village Takua, the establishment of rehabilitation colony for the villagers of Jarada is proposed at village Takua. 4. Opposite party Nos.6 and 7 filed their counter affidavit stating that the coal is an essential raw material for generation of electricity and for industrialization of State as well as of the country, The settlement scheme for the land oustees, is governed by rehabilitation policy of the State Government and the Central Government. Until and unless the land oustees are resettled it will be difficult for the MCL authorities to operate the coal mines on the lands so acquired. 5. Mr. D.K. Sahoo-1, learned counsel for the petitioners, strenuously urged that the objection raised in Annexure-4 dated 14.09.2011 has not yet been disposed of in accordance with the provisions of law by affording opportunity of hearing to the petitioners. 6. Mr. J. P. Pattnaik, learned Additional Government Advocate referring to counter affidavit submitted that no specific reply has been given to such allegation of the petitioners. . 7. Mr. 8.M. Pattnaik, learned Senior Counsel appearing for opposite party nos.6 & 7 submitted that MCL has not stated anything regarding disposal of Annexure-4 in its counter affidavit. 8. In view of the above pleaded facts and on consideration of the contentions raised by the learned counsel for the parties as also after going through the records, it appears that it is the admitted fact that Ac.1 09.69 of land under Patit, Sarad and Talia kisams is proposed to be alienated for the purpose of resettlement of the . villagers of Jarada which is considered as surplus land so far as the petitioners village is concerned. Therefore, the same is acquired in the larger public interest for construction of the rehabilitation colony. That the authorities have the power to acquire the land in question is not disputed by any Party. villagers of Jarada which is considered as surplus land so far as the petitioners village is concerned. Therefore, the same is acquired in the larger public interest for construction of the rehabilitation colony. That the authorities have the power to acquire the land in question is not disputed by any Party. Per contra, the only contention raised is that the acquisition of land should be made in accordance with the provisions of law, Therefore, the villagers of Takua could not have denied opportunity of hearing pursuant to their objection as per Annexure-4 dated 14.09.2011. The authority should have considered the representation of the villagers of Takua affording opportunity of personal hearing to them before taking a decision with regard to the proposed acquisition of land for the purpose of rehabilitation and re-settlememt of villagers of Jarada for MCL project. Accordingly, without expressing any opinion on the merits of the case, this Court feels it proper to direct opposite party no.2-Collector, Angul to consider the objection/representation of the petitioners, vide Annexure-4, in accordance with law by affording opportunity of hearing to the villagers of Takua: before taking any steps for re-settlement of villagers of Jarada for the purpose of open cast project of MCL at Kaniha. Needless to say opposite party no.2 while considering Annexure-4 shall afford opportunity of personal hearing to the villagers of Takua and dispose of their representation, Annexure-4 within a period of four months from the date of communication of this judgment. The petitioners are directed to produce a copy of the Writ Petition with all Annexures enclosing a certified copy of this order before opposite party no.2, who shall act upon the same within and the above time frame With the above observation and direction, the Writ Petition is disposed of.