GRANTHA PASAYAT Vs. RAJENDRA PRASAD GUPTA

JUDGEMENT

(1.) THE petitioner alleges herein deliberate non -compliance of the judgment and order dated 15.07.2008 passed in O.J.C. No. 4964 of 1996 (since modified by orders dated 29.1.2010 and 29.6.2010 in Misc. Case Nos. 534 of 2009 and 238 of 2010 respectively).

(2.) WE have heard Mr. D. Mohapatra, learned counsel for the petitioner and Mr. N.C. Sahoo, learned counsel for the opposite party.

(3.) BRIEFLY stated, the facts relevant for the present adjudication are that the father of the petitioner as a lessee of an area of land measuring Ac.2.00 appertaining to Hal Plot No. 73/989 of Mouza Bandhabahal was in possession thereof. In the year 1983, without acquiring the land in terms of the Land Acquisition Act, 1894 (for short, hereinafter referred as 'the Act'), the possession thereof was taken over for the purpose of expansion of the Mahanadi Coal Fields Ltd. (for short, hereinafter referred as 'the MCL'). Though the petitioner's father was having the right, title and interest over the said land, neither any compensation was paid nor any benefit under the Land Acquisition Scheme was extended to him. Situated thus, O.J.C. No. 4964 of 1996 was instituted by the petitioner. The proceeding was contested by the opposite parties including MCL. The fact that the possession of the land taken over was not disputed. It was contended on behalf of the MCL that benefits under the Land Acquisition Scheme had meanwhile been extended to the petitioner though no acquisition proceedings under the Act was initiated for the purpose.