KRUSIJIBI KALYAN SANGHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner claiming to be a Krusijibi Kalyan Sangha has filed this Writ application in the garb of a public interest litigation claiming the following substantive relief : - ".........the opp.parties be directed to pay due compensation by acquiring the lands or in alternative to restore their normal condition for agriculture and pay adequate compensation for the loss of crops since 1991 onwards."

(2.) ACCORDING to the petitioner Sangha, on 28.7.1991 there was devastating flood in river Indravati which resulted in massive damage to the Indravati Hydro -Electrical Multipurpose Project and different areas of the district of Kalahandi. Thousands of people of the locality became homeless and their agricultural lands became unfit for agricultural operation due to sand cast. The ares within a radius of ten kilometres of the Project turned to sand dunes ranging from 5' to 50' high. Due to this flood sixteen workmen of the Project lost their lives. It is alleged that though Government had proposed to pay compensation, no steps were taken either for payment of compensation or for restoring the agricultural lands to their original state.

(3.) A separate counter -affidavit has also been filed on behalf of opposite party No.2, representing the Irrigation and Power Department of the Government of Orissa. While denying the allegations levelled in different paragraphs of the Writ Petition it is averred that due steps were taken to pay sand cast subsidy to all the affected persons by the revenue authorities according to the norms prescribed in the Orissa Relief Code. Apart from the aforesaid subsidy, the authorities of the Project had also paid the following reliefs : "(i) Distribution of relief to the marooned families at Mukhiguda Rs. 62,170.00 (ii) Distribution of relief of the marooned families at Mahulpatna Rs. 9,400.00 (iii) Payment of house grants on the advice of Tahsildar Rs. 3,000.00 (iv) Grant ear -marked for hutments in and around Project colonies Rs. 8,000.00" It is further emphatically stated that the Government provided all possible reliefs to the affected people.