Baikunthanath Chhanchan vs Collector, Sundargarh & Ors

This matter is taken up through hybrid mode.

Heard Mr. D. Nanda, learned counsel appearing for the petitioner and Mr. S. Nayak, learned Additional Standing Counsel appearing for the opposite parties.

The petitioner has filed this writ petition seeking direction to opposite party no.3 to release an amount of Rs.17,59,740/- in A/C No.921010016538972 of Axis Bank, Hemgir having IFSC-UTI B0004685 of Land Acquisition Officer, Hemgir within stipulated period.

Mr. D. Nanda, learned counsel appearing for the petitioner contended that a piece of land under Tahasil Hemgir of mouza-Majhapada in Khata No.41 (AJA), Plot No.390 of area Ac.1.30 dec., Plot No.387 of area Ac.0.90 dec, Plot No.386 of area Ac.0.31 dec in total area Ac. 1.70 dec in the district of Sundargarh were settled in favour of the petitioner vide Lease Case No.483 of 1976. From the date of settlement, the petitioner was in possession of the land and was paying rent, which was also acknowledged by the opposite party authority. It is contended that in 2010, the petitioner had applied for mutation of the leasehold land vide Mutation Case No.508 of 2010 before the Tahasildar, Hemgir. On 01.06.2010, the Tahasildar, Hemgir rejected the mutation application on the ground that he had no jurisdiction. Thereafter, the petitioner approached the Additional Commissioner, Settlement and Consolidation, Sambalpur in R.P. Case No.95 of 2012 for issuance of ROR in his favour and on 08.01.2014, the Commissioner allowed the said R.P. Case and directed the Tasildar to verify the record and take necessary steps for recording the case land in the name of the petitioner on the basis of lease Patta. It is also contended that on 12.05.2016, the petitioner filed a representation before the Tahasildr, Hemgir for issuance of ROR in his name. On 29.06.2016, the Tahasildar, Hemgir also issued a letter to the Commissioner, Settlement & Consolidation, Sambalpur for clarification of R.P. Case No.95 of 2012 stating that the entire Majhapada is displaced in the process of acquisition both under Coal bearing Area (Acquisition and Development) Act, 1957 and Land Acquisition Act, 1894. Pursuant to such letter, the petitioner also filed a representation on 18.12.2018 before the Land Acquisition Officer-cum-Tahasildar, Hemgir. As the Land Acquisition Officer had not taken any step with regard to disbursement of compensation amount, the petitioner had approached this Court by filing W.P.(C) No.9183 of 2019 and this Court, vide order dated 06.08.2019 disposed of the said writ petition with a direction to the Land Acquisition Officer-cum-Tahasildar, Hemgir to dispose of the representation of the petitioner within a period of eight weeks from the date of production of the certified copy of the order. In case the petitioner’s land, in respect of which lease Patta was granted, comes under 4(1) notification, in such event the Land Acquisition Officer-cum-Tahasildar, Hemgir shall do the needful within the above stipulated time. It is further contended that in compliance of the aforesaid order, the Land Acquisition Officer-cum-Tahasildar, Hemgir on 12.10.2020 issued a letter addressing to the Group General Manager, NTPC, Dulinga referring to the earlier letter dated 14.08.2020 requesting opposite party no.3-General Manager, Dulanga Coal Mining Project, NTPC Ltd. to look into the matter personally and settle the claims of the petitioner. It is further contended that when the matter stood thus, the Land Acquisition Officer-cum-Tahasildar, Hemgir, referring to order dated 06.08.2019 passed in W.P.(C) No.9183 of 2013 issued a letter dated 10.06.2022 to opposite party no.3 to deposit a sum of Rs.17,59,740/- in the A/C No.921010016538972 of Axis Bank, Hemgir having IFSC-UTI B0004685 of Land Acquisition Officer, Hemgir for disbursement of the compensation amount to the petitioner, but thereon no action has been taken till date. Therefore, the petitioner has approached this Court by filing this writ petition.

Considering the contentions raised by learned counsel for the petitioner and after going through the records, since the letter dated 10.06.2022 under Annexure-3 issued by the Land Acquisition Officer-cum-Tahasildar, Hemgir is still pending, this Court disposes of this writ petition with a direction to opposite party no.3-General Manager, Dulanga Coal Mining Project, NTPC Ltd. to consider Annexure-3, the letter dated 10.06.2022 and pass appropriate order in accordance with law. The entire exercise shall be done within a period of two months from the date of communication/production of this order.

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