JAYA NARAIN PANIGRAHI Vs. THE LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution for the issue of an appropriate writ directing the Land Acquisition Officer Hirakud Land Organization, to refer a dispute, to Government for appointment of an Arbitrator as provided in Rule 6 of the Rules framed by the State Government under the Orissa Development of Industries, Irrigation, Agriculture, Capital Construction and Resettlement of Displaced persons (Land Acquisition) Act, 1948 (Orissa Act XVIII of 1948). The Petitioner contended that his lands were acquired under the aforesaid Act for the Hirakud Dam Project, but that the compensation money was awarded to the recorded tenant, Manbodh Meher, though he had lost all interest in the same by virtue of a deed of surrender made by him in favour of the Petitioner's father as early as 1937. Some sort of preliminary enquiry was made by the Land Acquisition Officer and it was found that the Petitioner was in possession of the disputed property, but as he was unable to produce before the said Officer the deed of surrender made in his favour by the recorded tenant; that Officer overruled the Petitioner's objection and paid the compensation money to the recorded tenant Manbodh Meher. The Petitioner's contention is that by virtue of the provisions of the latter part of Rule 6 of the aforesaid Rules, once a dispute is raised before the Land Acquisition Officer as to who was entitled to receive the compensation money, that Officer has no option but to refer the dispute to Government, as 'provided in Rule 9, for adjudication by an arbitrator to be appointed under Section 7 of the Act.

(2.) THE learned Advocate -General properly conceded that in view of the finding of the Land Acquisition Officer to the effect that the Petitioner was in possession, the dispute should have been referred to Government as required by the rules. But he urged that the Petitioner was himself to blame as he failed to produce the deed of surrender said to have been made in his favour by Manbodh Meher; or to adduce any other evidence regarding the same.

(3.) A writ will therefore issue directing the Land Acquisition Officer Hirakud Land Organisation, to proceed with the matter in accordance with the latter part of Rule 6 and refer the dispute about the Petitioner's claim to receive compensation to Government, as provided in Rule 9, for adjudication by an Arbitrator. The petition is allowed, but there will be no order for costs.