ROURKELA LOCAL DISPLACED ASSOCIATION Vs. STATE OF ORISSA

JUDGEMENT

(1.) ALL the three Writ Petitions arise from same or similar sets of facts and involve a common question of law. Hence, they were taken up together and are being disposed of by this Judgment.

(2.) THE brief facts of the case are that in the year 1954 -55 and subsequent to that, the State Government acquired agricultural and homestead lands in the district of Sundargarh and urgency clause was made applicable for speedy acquisition under the provisions of Orissa Development of Industries, Irrigation, Agriculture, Capital Construction and Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (hereinafter referred to as 'the Act') for the development of industrfes, namely, establishment of Rourkela Steel Plant and ancillary industries i.e. for the public purpose. In the meantime, the said act was repealed in the year 1994. However, Rourkela Steel Plant did not utilize all the lands acquired and surrendered about 4,000 acres of the unutilized pieces of land to the State Government in different areas. It is the case of the Petitioner that all the displaced persons were not given rehabilitation facilities and so some of them continued to occupy some of the surrendered land. But the State Government without restoring the surrendered land to those whose lands were acquired, have allotted substantial portion of the surrendered land to different departments/ wings of corporations as well as to private individual for housing purpose illegally and arbitrarily treating the original land owners as encroachers and trying to evict them under the provisions of the O.P.L.E.Act.

(3.) IT was stated in the counter affidavit that some amount was not claimed by some persons which was deposited in Treasury in the shape of Civil Deposit. But in view of the Judgment and direction of this Court as mentioned above another drive was taken up to clear those dues and applications were invited from the legal heirs of those khatas who have not received their compensation at the time of acquisition. But not a single application has been received in that regard. The matter was further discussed with RAC/PDC, Sambalpur and it was decided that another drive will be taken by inviting applications from the various legal heirs of acquired Khatas. Accordingly notice vide.letter dated 418 dated 18.2.2006 of the office of A.D.M., Rourkela was brought out and three months time was given for filing of claims. The same was published in the Oriya newspaper 'Sambad' on 19.2.2006 for wide publicity. Within the specified time only 47 applications were received. On a scrutiny it was found that 42 persons have already received their compensation amount in lieu of land acquired and out of the rest 5 applications, no compensation was received by 4 applicants and with respect to one applicant, as there was some discrepancy in records which have been verified. The A.D.M., Rourkela has already requested the Principal Secretary to Government in Revenue Department, Orissa for necessary permission to operate the civil deposit for disbursement of rest compensation.