BIRESH CHANDRA NAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) In this writ application, the petitioners, being the land oustees pray for issuance of writ of mandamus directing the opposite parties to extend the assured benefit to the petitioners in following Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996, hereinafter called as 'PESA Act' for brevity, by following the specific guidelines framed by the opposite party no.1 under the Orissa Rehabilitation and Resettlement Policy, 2006.

(2.) The petitioners claim that they are permanent residents of submerged area under the Deo Irrigation Project, Karanjia in the district of Mayurbhanj. They are agriculturists by profession. The immovable properties of the petitioners recorded in the record of rights have been acquired by the opposite parties for the purpose of Deo Irrigation Project. They also claimed that certain portion of their land is situated within the forest area. The petitioners, being the forest dwellers have maintained their families out of the forest products. The petitioners are identified as affected family and are coming under the submerged area of the Deo Irrigation Project. The opposite parties adopted a Rehabilitation and Resettlement Policy without having the sanctity of law and decided to pay financial package, give alternative land to the displaced petitioners, without adhering to the mandatory provisions of PESA Act. They also claim that the opposite parties have not adhered to the provisions of Schedule Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and the principles settled by the Hon'ble Supreme Court in the matter of Orissa Mining Corporation Ltd. vs. Ministry of Environment and Forest prior to acquisition of land of the petitioners. Being aggrieved by the action of the authorities, the petitioners have made representations to the Special Land Acquisition Officer, but it yielded no result.

(3.) The opposite party nos. 2 to 4 filed counter affidavit stating that a Palli Sabha (Gram Sabha) was convened in village Devigada on 4/6/2004 under the Chairmanship of Ward Member Smt. Soudamini Naik in presence of the then Sarapanch of Dudhiani Gram Panchayat Sri Krushna Chandra Naik and the Special Land Acquisition Rehabilitation Officer, Mayurbhanj. In that Palli Sabha, there were 22 members of village Devigada present including the present petitioners, namely, Biresh Chandra Naik and Swaroop Chandra Naik. So, the opposite parties denied that there has been a violation of the provisions of the PESA Act.