SUBASH CH. SUBUDHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) As many as 76 petitioners have jointly filed the present writ petition seeking a direction to the opp.parties to make payment of solatium @ 30% and interest @ 12% on the assessed value of the buildings, wells, trees etc. which existed over their land and which has been acquired by the National Highway Authority for widening of the National Highway.

(2.) It is the case of the petitioners that for the purpose of widening of the National Highway No.5 from Sunakhala to Ganjam, lands belonging to the petitioners by the side of the existing Highway were acquired by the authorities under the National Highways Act, 1956 (hereinafter referred to as 'the Act'). According to the petitioners, the proposed widening of the National Highway No.5 from Sunakahala to Ganjam passes through two districts, namely, Khurda and Ganjam and the competent authority to assess and pay the compensation for the acquired lands with respect to the district of Khurda has paid 30% solatium and 12% interest on the value assessed in respect of the acquired land as well as the trees, buildings, wells etc. standing thereon whereas the competent authority under the Act in respect of the lands within the district of Ganjam though paid solatium at the rate of 30% and interest at the rate of 12% on the value of the land acquired, but has not paid the same on the value of the buildings, trees, wells etc. standing over the said lands.

(3.) The petitioners have alleged that during the course of acquisition, various meetings were held and it was resolved that such solatium and interest will be paid over the entire market value of the land along with whatever standing thereon. But the competent authority has failed to pay the same to the petitioners.