Hind Talkies And Another vs Collector, Cuttack And Others

1. The challenge in the present petition is to an order dated 6th January 2021 passed by the Collector, Cuttack pursuant to the direction earlier issued by this Court on 17th  November, 2020 in W.P.(C) No.16842 of 2020 filed by the present Petitioners.

The proceedings emanated from the acquisition of land on which the Hind Talkies stood at Ranihat, Cuttack. The claim of the present Petitioners stems from their purporting to be the legal heirs of Jethalal Manji Chauhan one of the partners of the firm that was operating Hind Talkies. They trace their shares to a family partition deed dated 27th April, 1969.

After recording the submissions made on behalf of the Petitioners, an opportunity was granted to the Petitioners by the said order dated 17th November 2020 by this Court to appear before the Collector who was then directed to consider and dispose of their grievances after affording an opportunity of hearing to all the parties concerned.

It appears that the order passed by the Collector pursuant to the above directions was somehow not communicated to the Petitioners. This led the Petitioners to file a second writ petition i.e. W.P.(C) No.12706 of 2021 in this Court. That petition was disposed of on 6th July 2021 directing the Collector, Cuttack to pass an order not later 1st  September, 2021. However, at that stage it was not known that he had already done so on 6th January, 2021 itself.

After the above order was passed by this Court, under cover of letter dated 26th October 2021, the Land Acquisition Officer (LAO) (Civil), Cuttack furnished to the present Petitioners a copy of the proceedings before the Collector, Cuttack as well as the impugned order dated 6th January, 2021.

By the said impugned order, the Collector, Cuttack has determined that under the 2013 Act only the legal heirs of the original owners are entitled to compensation in respect of suit land and building and that since the Petitioners were not the legal heirs they cannot be awarded compensation by treating them as land losers under the 2013 Act.

Learned counsel appearing for the Petitioners states that the impugned order is prejudicial to the Petitioners since it closes all their options to lay claims in future to the compensation amount.

Mr. Debakanta Mohanty, learned Additional Government Advocate for the State on the other hand places before the Court the order passed by the Presiding Officer, LAR &R, Cuttack in LA Case No.248 of 2021 whereby the undisbursed compensation amount has been asked to be deposited in the specific heads of account as indicated in the letter dated 24th March 2020 of the FA-cum-Special Secretary to Government of Odisha in Revenue and Disaster Management Department. Pursuant to the said order dated 29th October 2021, the LAO has in fact deposited the entire compensation amount. Intimation to that effect was sent by him to the LAR & R Authority on 30th October, 2021. On 1st November 2021, the LAR & R Authority, Cuttack permitted the LAO to proceed to take possession of the acquired land. On 5th November 2021, the LAO has issued a notice to all the legal heirs informing them of the deposit of the compensation amount and requesting them to vacate the land and premises on or before the 12th November, 2021.

As far as the present Petitioners' claim is concerned, an appropriate proceeding can be instituted in the Court of LAR &R Authority for appropriate relief in accordance with law. It is clarified that the impugned order dated 6th January 2021 of the Collector, Cuttack would not come on the way of the Petitioners seeking to establish their claim for compensation in the Court of the LAR & R in accordance with law. It will be open to the Petitioners to seek appropriate interim reliefs in the same proceedings before the said Court of LAR &R.

The writ petition is accordingly disposed of in the above terms.

Urgent certified copy of this order be granted as per rules.

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