GURIA SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) O .J.C. Nos. 14519 and 7277 of 2001 have been filed by two petitioners praying for issuance of a writ of mandamus to the opp.parties to acquire their lands by paying adequate compensation and for rehabilitation benefits. The petitioners have further prayed to declare the mutation appeals filed against them as null and void and to direct the opp. parties, more particularly, the authorities of National Thermal Power Corporation Ltd. not to cause any kind of disturbance and hindrance in the peaceful possession of the petitioner over their respective lands in question.

(2.) IN O.J.C. No.1385 of 2001, the National Thermal Power Corporation Ltd. (for short, 'the N.T.P.C.) has prayed for declaring the ex parte decree dated 10.5.2000 passed by the learned Civil Judge (Sr. Division), Talcher in T.S. No.68 of 1997 in favour of opp.party No.4 Guria Sahoo, who is the petitioner in O.J.C. No.14519 of 2001 as nullity and, as such, not binding against the N.T.P.C. It has also prayed for a direction to the said opp.party No.4 -Guria Sahoo, not to cause any kind of disturbance and hindrance to the construction activities carried on by the N.T.P.C. over the land in question.

(3.) THE case of the petitioner in O.J.C. No.14519 of 2001 is that land measuring Ac.1.00 situated under sabik khata No.760, appertaining to sabik plot No.9416 in village Derang corresponding to hal khata No.746/123 and hal plot No.9416/10511 was leased out to the petitioner in Lease Case No.1459 of 1975 after following due procedure of law, possession of the same was delivered to him. The petitioner claims to be in peaceful and uninterrupted possession over the said land. The settlement patta granted by the Tahasildar, Talcher on 17.2.1976 has been annexed as Annexure -1 to the writ petition (OJC No. 14519/01). Subsequent to grant of lease, the settlement operation was carried on in the area in which, the land was recorded in the name of the Government for which the petitioner filed Title Suit No.68 of 1997 before the learned Civil Judge (Sr. Division), Talcher for declaration of his right, title and interest over the said land. The suit was decreed by judgment dated 10.5.2000 in favour of the petitioner. Relying upon the said decree, the petitioner filed Mutation Case No.1043 of 2000 before the Tahasildar, Talcher for mutating the land in his name. The said case was allowed and the R.O.R. was accordingly corrected, recording the name of the petitioner. The khata and plot numbers are renumbered as Khata No.746/123 and plot No.9416/10511. The R.O.R. has been annexed as Annexure -4 to the writ petition. The petitioner appears to have paid rent to the Government thereafter in the year 2000 -2001 and 2001 -2002. The petitioner has alleged that ignoring the Civil Court decree as well as the mutation in his favour, the N.T.P.C. is forcibly trying to construct the Ash Pond over the land of the petitioner for which the petitioner on 19.12.2000 made a representation to the General Manager of N.T.P.C. It is further stated by the petitioner that in spite of repeated approaches, the concerned authority did not consider the genuine grievance of the petitioner though he was assured that the same will be considered. Subsequently, though the matter was informed to the concerned police station, but there was no enquiry conducted on the same. Failing in his attempt, the petitioner sent a lawyers notice on 24.1.2001 to the General Manager, N.T.P.C. When the matter was pending for consideration, it has been alleged that the N.T.P.C. authority filed a Mutation Appeal No.1 of 2001 challenging the mutation order passed in favour of the petitioner and the Sub -Collector without considering the effect of the Civil Court decree as well as long delay in filing the appeal has initiated the said appeal. Similarly, in O.J.C. No.7277 of 2001, the petitioner has claimed right over the lands mentioned in paragraph -3 of the said petition on the ground that he (petitioner) being in cultivating possession of the said lands, an Encroachment Case was initiated by the Addl.Tahasildar, Talcher in the year 1989 under the provisions of the Orissa Prevention of Land Encroachment Act, against him, being Encroachment Case No.88 of 1989. Ultimately, in the said case, on consideration of the fact that the petitioner is a landless person, the said lands were settled in his favour as recorded in the R.O.R. under Annexure -1 to the said writ petition. It is further alleged by the petitioner that while he was in uninterrupted possession of the lands in question, the N.T.P.C. authorities forcibly entered into the said lands and started construction of the Ash Pond. On a query being made to the said authorities by the petitioner, they disclosed that the lands in question have been transferred to the N.T.P.C. by the Government on 23.2.1998. The petitioner made a representation in this regard on 6.4.2001 claiming compensation immediately. It is the opp.party No.2, being the Deputy General Manager, (P & A) in OJC No.7277of 2001, who in his letter dated 28.4.2001 intimated the petitioner that the question of payment of compensation does not arise and the petitioner was asked to produce the original documents, if any, in support of his claim. It was further communicated in the said letter that the premium for the said lands has already been paid by the N.T.P.C. to the Government and the lease deed has been executed by the Government in their favour on 23.2.1998. The petitioner claims that since the land was settled in his favour prior to grant of lease in favour of the N.T.P.C. by the State, the petitioner cannot be deprived of the said lands without due process of law and without acquiring the same under the provisions of the Land Acquisition Act, 1894, which has not been done in the present case and the petitioner has been deprived of the compensation to which he is entitled to.