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Judgment
Arindam Sinha, J
WP(C) no.13989 of 2018 and I.A. no.11689 of 2018
Mr. Rath, learned advocate appears on behalf of petitioner and submits, impugned is order dated 18th April, 2018 passed by the Collector, whereby there was direction to pay compensation, interest and ex-gratia to the land owners, on whose land waste had been dumped. He submits, for the period his client did not dump any waste. It was Hindalco Industries Ltd. The Collector erroneously directed payment in ratio of 80:20 (petitioner/Hindalco).
Mr. Mohanty, learned advocate appears on behalf of Hindalco while Ms. Majhi, learned advocate appears on behalf of private opposite party nos.2, 3 and 4 (land owners). Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State.
Petitioner will deposit with Registrar (Judicial) of the Court, aggregate of compensation and ex-gratia amount directed by impugned order to be paid to private opposite parties in ratio 80:20 (petitioner/Hindalco), without prejudice. Registrar (Judicial) will hold the deposit in short term interest bearing account to credit of the writ petition. Mr. Rath draws attention to information furnished on communication dated 10th October, 2017 by the Tahasildar on view that Hindalco should compensate 80% and petitioner 20%. Mr. Sharma points out from counter filed by State, page no.6 that the Collector upon giving opportunity to parties and considering, inter alia, field inspection report had reversed the ratio. Petitioner is required to make the deposit by 2nd September, 2022 upon giving particulars with reference to impugned order that correct amount is being deposited. Copies of particulars of deposit and the receipt be furnished to Ms. Majhi. It is made clear, failure to deposit will lead to dismissal of the writ petition.
Opposite party no.1 is on notice regarding direction to deposit and is to also answer on whether it has complied with direction in impugned order, not having challenged it.
List on 7th September, 2022.
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