RABINARAYAN BEHERA Vs. COLLECTOR, DHENKANAL

JUDGEMENT

(1.) This matter is taken up by video conferencing mode.

(2.) Undisputedly, even though there is acquisition of 12 decimals of land of the Petitioners, for the action of the competent authority in encroaching the land beyond 12 decimals, this Court is of the opinion that nothing prevented the Petitioners to go for suit for injunction. It is, keeping this in view Mr. Panda, learned counsel for Petitioners vide order dtd. 7/1/2022 was directed to find-out, if the Petitioners are debarred from agitating under any other law.

(3.) During course of hearing of the proceeding on the above question today Mr. Panda, learned counsel for the Petitioners adverting to the provisions contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-Settlement Act, 2013 attempted to answer the Court that there is clear bar for institution of a suit. For the undisputed fact that present dispute relates to the land beyond the acquisition area, this Court is of the clear opinion that for the involvement of the dispute involving the land beyond the acquisition, there is no bar for institution of a suit.