Chandrachud Dwibedy vs State Of Odisha And Others

W.P.(C) No.27285 of 2021 & I.A. No.12585 of 2021

This is the 3rd writ petition by the legal representatives of late Sri Upendranath Dwibedy pursuant to the acquisition of land at Plot No.361, Hal Khata No.136, Mouza - Mirkamalpatna, Mangalabag, Cuttack Sadar, Cuttack of an area of Ac.0.407 dec. which has been acquired for expansion of the SCB Medical College. The present petition is by the son whereas the earlier writ petitions were by the wife and daughter being W.P.(C) Nos.2170 of 2021 and 25443 of 2021 both of which have already been dismissed by this Court.

Consequently, the Court is not prepared in this petition to again entertain a fresh challenge to the acquisition proceeding. As already noted in the earlier writ petitions, and as stated in the present petition, there are proceedings in RFA No.7 of 2021 before the learned District Judge arising from a civil suit filed in which the question of title over the property is involved. Ther outcome of RFA No.7 of 2021 will perhaps decide the respective shares of the members of the family to the compensation amount which has already been dertermined.

At this stage the prayer of Mr. S. Acharya learned counsel for the Petitioner is that the demolition of the dwelling house on the land in question is to take place tomorrow morning i.e. 8th September, 2021. He states that since the Petitioner is suffering from body paralysis, he cannot be expected to give up possession in a very short time.

After obtaining instructions from the Petitioner, Mr. Acharya states that the Petitioner as well as the other legal representatives of late Sri Upendranath Dwibedy will file separate undertakings by way of affidavits before the Registrar of this Court on or before 9th September, 2021 by 4 pm undertaking to hand over peaceful and vacant possession of the dwelling house over the land in question to the Cuttack Municipal Corporation on or before 1st October, 2021.

It is directed that subject to the filing of the above affidavits of undertaking, no coercive action against the Petitioner will be taken by the Opposite Parties prior to 1st October, 2021. It is clarified that this order will not prejudice any of the contentions of the parties in the proceedings in RFA No.7 of 2021.

The order dated 23rd August, 2021 of this Court in W.P.(C) No.2170 of 2021 (Smt. Kamala Dwibedy @ Debi v. State of Odisha and Others) records the submission of Mr. D. K. Mohanty, learned AGA that the parties will compensated for the structures and not for the land in terms of the R & R Notification No.25896 dated 28th August, 2020. That will haold good for the present petition as well. It will of course depend on the outcome of RFA No.7 of 2021.

The writ petition and the appplication are disposed of in the above terms.

An urgent certified copy of this order be issued as per rules..

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