JAMBU SETHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY means of this Writ Petition the Petitioners have prayed for a direction to the Opposite Parties to pay the compensation of Rs. 90,500 to each of them with interest accrued thereon from the date of entitlement in the interest of justice.

(2.) AT the very out set it is necessary to mention here that a memo has been filed on behalf of the Petitioners on 30.10.2008 stating that during the pendency of the Writ Petition, the Petitioner Nos. 1, 2 and 3 have already got their compensation and, therefore, the Writ Petition in respect of those Petitioners is not pressed. So far as Petitioner Nos. 4 to 7 namely. Kumari Dukhi Nayak Daughter of Abhi Nayak, Sri Banamali Pradhan, Son of Jaya Pradhan, Kumari Puspanjali Naik, D/o Bijaya Naik and Kumari Namita Naik, daughter of Kasia Naik are concerned, it is stated in the memo, that they were minors at the time of publication of notification under Section 4 of the Land Acquisition Act and are entitled to compensation at the rate the same was paid to Petitioner Nos. 1 to 3.

(3.) IT has been alleged in the Writ Petition that the Petitioners 4 to 7 are physically handicapped persons and are unable to do their daily work and it is not possible on their part to maintain daily life. The percentage of disability has been shown in respect of Petitioner Nos. 4 to 7 as under: