JAGABANDHU PANDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) The Petitioners in this writ petition pray for a direction to set aside the action taken by the Opposite Parties in demolishing their houses and to pay them compensation under the Odisha Resettlement and Rehabilitation Policy, 2006 (for brevity 'R & R Policy').

(3.) Mr. Dash, learned counsel submits that the Petitioners are the homestead less persons and encroaching upon the Government land, they had constructed their residential houses, which was utilized for construction of Anandapur Barrage Project, Salapada in the district of Keonjhar. It is his submission that the Petitioners being the landless and homestead less persons, had come to Anandapur for their livelihood. They had occupied government land and constructed their residential houses thereon and were residing with their family members. Pursuant to a decision taken for construction of Anandapur Barrage, the lands occupied by the Petitioners were required to be utilized for the said project. Vide Letter No.4985 dtd. 18/12/2015 (Annexure-7), the Tahasildar, Ghasipura wrote to the Executive Engineer, Anandapur Barrage Division, Anandapur that "Sri Jagabandhu Panda and others are originally authenticated who are homesteadless persons as they were encroached the Govt. land at Anandapur Barrage since 20/30 years to above as reported by concerned R.I. of this Tahasil." Pursuant to the said letter, the Executive Engineer, Anandapur Barrage Division, Salapada wrote to the Zone Officer (LA), Anandapu Barrage Project, Salapada vide letter No.225 dtd. 21/1/2016 (Annexure-8), requesting him to intimate as to whether the Petitioners are eligible for compensation under the R & R Policy. Again vide Letter No.5355 dtd. 16/9/2016 (Annexure-9), the Chief Construction Engineer, Anandapur Barrage Project, Salapada wrote to the Special Land Acquisition Officer, Anandapur Barrage Project, Salapada to intimate him as to whether the Petitioners are eligible for compensation under the R & R Policy. But, without responding to the same, the Tahasildar, Ghasipura issued notice for eviction. Subsequently, the residential houses of the Petitioners were demolished and they were evicted. Referring to the letter of the Executive Engineer, Anandapur Barrage Project, Salapada communicated to the Tahasildar, Ghasipura on 2/12/2025 under Annexure-6, Mr. Dash, learned counsel for the Petitioners submitted that if the encroacher is a homestead less person and the encroachment found to be objectionable, he will be entitled to the cost of structure only, as per the provisions of the R & R Policy. Further, the Zone Officer (LA), Anandapur Barrage Project, Salapada communicated the Sub-Collector, Anandapur vide letter dtd. 3/6/2015 (Annexure-2) as under: