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Judgment
Both these petitions have been filed complaining of the unlawful action of the Opposite Parties which includes the Executive Engineer, (R & B) Division No.III, Bhubaneswar and unauthorizedly demolishing the compound wall standing on the private (stitiban) land of the Petitioners for expansion of the Khandagiri-Chandaka Road without resorting to regular acquisition proceedings under the Land Acquisition Act, 1894 (LA Act).
Later the petitions were amended to correct some typographical error.
In para 6 of the counter affidavit filed by Opposite Party No.3, it is admitted that the mistake was committed in demolishing the compound wall. It is stated that Opposite Party No.3 "undertakes not to commit similar mistake in future and begs unconditional apology before this Hon'ble Court for the delay in filing the affidavit." As a result of the above admission, the Opposite Parties are bound to do one of the two things-(i) reconstruct the compound wall that has been demolished or (ii) acquire that portion of the land on which the compound wall stood and pay the compensation amount at the present value to the Petitioners.
Mr. Debakanta Mohanty, learned Additional Government Advocate for the State produced before this Court a letter dated 9th December, 2019 from the Tahasildar, Bhubaneswar to the Advocate General stating that there is underground pipeline of P.H.D. passing through the area and, therefore, it is not possible to have the compound wall erected. The said letter is taken on record.
Without expressing any view in regard to the above contention, it is directed that if the compound wall cannot be restored within a period of eight weeks from today then within the same period proceedings shall be initiated by the Opposite Parties for acquisition of the land over which the compound wall stood in each of the plots in question. In that event, the proceedings would be under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and would be completed by adhering to the timelines thereunder.
The writ petitions are disposed of in the above terms.
An urgent certified copy of this order be issued as per rules.
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