JAPANI SAMAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner who was a land oustee had moved this Court under Article 226 of the Constitution of India for a direction to the Opposite Parties to afford rehabilitation assistance as available under the rehabilitation scheme formulated by the State Government. The Petitioner had accordingly prayed to direct the Opposite Parties to give him all financial benefits or service benefits and to issue a writ in the nature of mandamus in directing the Opposite Parties to make payment of Rs. 50,000/ - to him within a period of two months as per the rehabilitation policy formulated by the Revenue and Excise Department, Government of Orissa. The original Petitioner having died during the pendency of this Writ Petition, he has been substituted by his son as the Petitioner.

(2.) THE case of the present Petitioner is that his father had lost almost all cultivable lands which had been taken over/acquired by the State Government under the Land Acquisition Act for construction of Talcher Thermal Power Station (for short TTPS). It is contended by the Petitioner that in the year 1964 the State Government acquired the land of the Petitioner's father land measuring Ac.2.82 decimals for construction of TTPS and subsequently acquired further land measuring Ac.2.97 decimals for construction of Ash Pond for TTPS and in view of such acquisition, the Petitioner's father was rendered almost landless.

(3.) IN the counter affidavit filed by Opposite Parties 2 and 3 it has been specifically stated that the land of the Petitioner's father was acquired by the State Government for construction of TTPS, Talcher in the year 1964 and therefore the claim of the Petitioner that he should be provided with rehabilitation assistance as the son of the original land oustee as per the rehabilitation policy of the Government of Orissa in the Revenue and Excise Department, dated 05.07.1994 cannot be made applicable to him. The Petitioner's father has already received necessary rehabilitation assistance under the policy of the State Government as was applicable in the year 1964, when his land was acquired for construction of TTPS in Talcher.