AI Structured Summary
Not yet generated for this judgment
Judgment
This matter is taken up through Hybrid Mode.
Heard Mr. Baral, learned counsel appearing for the Petitioners and Mr. Amitav Das, learned counsel representing Opp. Party No.1 & 2.
According to Mr. Baral, the Petitioners are aggrieved by the inaction of the authorities in taking a decision on the representation of the Petitioner No.1 at Annexure-1 which was filed before the Land Acquisition Officer and Competent Authority (Opp. Party No.2) on 18.9.2020 praying for payment of compensation to them. Accordingly, he prays for a direction be issued to Opp. Party No.2 to take a decision on the above noted representation within a specific time period. Till disposal of the representation, the interest of the Petitioners be protected.
Considering the submissions made and without expressing any opinion on the merits of the case, we dispose of the Writ Petition directing Opp. Party No.2 to take a decision on the above noted representation in accordance with law within a period of four weeks from the date of receipt of this order after giving reasonable opportunity of hearing to the Petitioners as well as Opp. Party No.3, namely, Atulya Behari Mohanty and communicate the result of such exercise to the Petitioner No.1, who in turn, is directed to share such information to other Petitioners.
Till such a decision is taken, the awarded amount in connection with acquisition of Plot No.60, Khata No.14, Kisam-Gharabari-1, Area-Ac.0.560 decs. and Plot No.59, Khata No.15, Kisam-Gharabi-1 covering an area of Ac.0.055 decs. under Mauza-Cuttack Sahar Unit No.32, Madhupatna falling under Cuttack Tahasil shall not be disbursed.
However, it is made clear that process of consideration of representation will not be a bar for NHAI to go ahead with the construction work.
Urgent certified copy of the order be given as per rules.
Free copy of the order be supplied to Mr. Amitav Das, learned counsel appearing for Opp. Party Nos.1 & 2 for onward transmission and compliance.
……………………..