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2023 DIGILAW 171 (ORI)

Masatram Rout v. Surendra Kumar, Principal Secretary, Department of Water Resources, Government of Odisha, Bhubaneswar, District-khurda

2023-02-03

JASWANT SINGH, M.S.SAHOO

body2023
JUDGMENT 1. The instant contempt has been filed for the alleged disobedience of the order dated 14.09.2020 passed by this Court in W.P.(C) No.20590 of 2020, whereby the Director (R&R), Department of Water Resources, Bhubaneswar was directed to take a decision on the proposal sent by the Collector, Nuapada for grant of additional compensation under the Odisha Resettlement and Rehabilitation Policy, 2006 for loss of more than 75% of land including homestead land (as the case may be) for construction of Lower Indra Irrigation Project, Khariar, District-Nuapada. Since the needful within the stipulated time was not done, hence the present contempt. 2. Mr. P.K. Mohanty has placed on record a letter bearing No.2885 dated 03.02.2023 issued by Shri Alok Kumar Kar, Director, R&R & Ex-Officio Additional Secretary to Government to the Office of the Advocate General, Odisha, wherein it is stated that the process of field verification to ascertain the genuineness of the claim of the petitioners is being examined, and the delay has occurred on account of the number of witnesses which are required to be examined and the staff having to visit different places for verification of the documents as the displaced families have now been resettled in different villages of different districts under the Resettlement Policy. It is claimed that even the verification process will require more than 30 days, and thereafter the process for seeking fresh approval for sanction and disbursement would follow. A copy of the letter has been retained on record. Thus, it is submitted that the entire process would take around four months to disburse the admissible amounts to the claimants-petitioners. 3. Mr. Behera has no objection if the present contempt is disposed of in view of the aforesaid stand of the State however, binding down to the time period not later than 30.06.2023. 4. In view of the aforesaid development, the present CONTC is disposed of with the direction to the Land Acquisition Officer concerned to complete the verification process within 60 days from today, thereafter in the next 30 days the approval/sanction on the admissible amounts shall be granted by the officials of the Administrative/Finance Department and thereafter in the next 30 days the amount shall be positively disbursed to the petitioners, in any case not later than 30.06.2023. It is clarified that failing the said time lines would invite not only contempt proceedings by seeking the revival of the present contempt but also payment of an additional amount of interest @ 6% on the admissible amounts from the date of accrual till the date of actual payment to be paid by the Director, R&R. It is also clarified that the Government would free to recover the extra burden of interest from the erring officials concerned. The petitioners are also given liberty to seek the revival of the present contempt by making a proper application in case the aforesaid time lines are not adhered to.