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Judgment
The matter is taken up through video conferencing mode.
The Petitioner challenges the communication dated 19th July, 2021 received by the Petitioner from the Land Acquisition Officer (Civil), Cuttack
(Opposite Party No.4) seeking the bank account details for recovery of allegedly excess amount of land acquisition compensation paid to the
Petitioner in the sum of Rs.3,96,970/-. The contention of the Petitioner is that the above recovery sought to be effected under Section 33 of the Right
to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 had to be preceded by a notice and therefore,
the recovery stands vitiated.
Mr. D.K. Mohanty, learned Additional Government Advocate, appearing on an advance notice, states on instructions that a notice dated 4th May,
2021 had in fact been issued to the Petitioner. This fact is not mentioned in the present petition.
In reply Mr. Bhuyan, learned counsel for the Petitioner states that perhaps the Petitioners have not received such notice.
Be that as it may a copy of the said notice shall be furnished by Mr. Mohanty to Mr. Bhuyan by today itself. The Petitioners will appear before the
Collector, Cuttack on Monday the 16th August, 2021 at 11 am with all necessary documents and it would be open to them to file response to the said
notice by that date. A reasoned order be passed thereon on or before 31st August, 2021 and a copy of the order be placed on record before the next
date.
List on 2nd September, 2021.
A copy of this order be communicated by Mr. Mohanty, learned Additional Government Advocate to the Collector forthwith for compliance.
An urgent certified copy of this order be issued as per rules.
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