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IN THE HIGH COURT OF ORISSA
I.M. Quddusi, A.K. Parichha, JJ.
BOBBLI SURYA PRASAD RAO - APPELLANT
Versus
STATE OF ORISSA AND OTHERS - RESPONDENT
O.J.C. No. 4919 of 2002
Decided On : 16-09-2008
Land Acquisition - Sewa Paper Mill - Land Acquisition Act, Section 4(1), 17(4) - The court discussed the legality of the acquisition of land for Sewa Paper Mill under the Land Acquisition Act, emphasizing the public purpose and the necessity of the acquisition. The court also considered the objections raised by the petitioner and the compensation amount due for the acquisition.
Fact of the Case:
The petitioner sought to quash the notification for the acquisition of land for Sewa Paper Mill, claiming that the acquisition was illegal and violated his fundamental rights. The petitioner had purchased the land for setting up a small-scale industry but it was acquired for the paper mill.
Finding of the Court:
The court found that the acquisition for the establishment of Sewa Paper Mill served the larger public interest, including industrial development, employment generation, and economic benefits to the state and the public at large. The court dismissed the writ petition but ordered the release of the compensation amount with interest to the petitioner.
Issues: The issues revolved around the legality of the land acquisition for Sewa Paper Mill, the public purpose served by the acquisition, the objections raised by the petitioner, and the timing of the acquisition in relation to the petitioner's land purchase.
Ratio Decidendi: The court held that in the case of an integrated and indivisible project serving public interest, the acquisition for the project cannot be objected to. The court also emphasized that the objections raised by the petitioner were considered but were not found to be tenable in the eye of the law.
Final Decision: The writ petition was dismissed, and the compensation amount with interest was ordered to be released in favor of the petitioner.
JUDGMENT :
I.M. Quddusi, J. - By means of this writ petition, the Petitioner has prayed for quashing of the notification dated 1st August, 1994 issued by the Revenue and Excise Department, Government of Orissa, u/s 4 (1) of the Land Acquisition Act acquiring Ac.42.77 of land in mouza Bankabija under Jeypore Tahsil in the district of Koraput for public purpose for establishment of Seba Paper Mill (Annexure-1), the declaration dated 29.6.1995 (Annexure-2) and the letter No. 28 dated 4.1.2002 of the Land Acquisition Officer, Koraput intimating the Petitioner that land measuring Ac.5.00 as claimed by the Petitioner cannot be surrendered as it falls within the alignment area of Ballarpur Industries Limited (Seba Unit).
2. The case of the Petitioner is that he being an educated and unemployed Scheduled Caste person wanted to start a small scale industry at Jeypore. He registered his Unit in the name and style "Prasad Lime Industry" on 10.12.1993 under District Industries Center, Koraput, Jeypore vide registration No. 150903502. For the purpose of setting up of the industry, he purchased Ac.5.00 of land appertaining to plot No. 123 under Khata No. 7 measuring Ac.1.00 and plot No. 144 under Khata No. 39 measuring Ac.4.00 in mouza Bankabija within Jeypore Tahsil and made application with detail project report to District Industries Centre, Koraput for approval of the same and for onward transmission of the same to the Orissa State Financial Corporation, Jeypore Branch and the State Bank of India, Jeypore Branch for sanction of loan. His application was forwarded by the General Manager, District Industries Centre to Branch Manager, Orissa State Financial Corporation and to the State Bank of India, Jeypore Branch requesting him for sanction of loan. In the mean time he came to know that the land purchased by him has been acquired by the State Government for the purpose of Sewa Paper Mill. So he filed objection in L.A.Case No. 6 of 1994 requesting him to drop the proposed acquisition of the land purchased by him. After receipt of the objection, the Land Acquisition Officer intimated the Chief General Manager (P&A), Orissa Industrial Infrastructure Development Corporation about the objection of the Petitioner to part with the land for the reasons mentioned therein and requesting him to furnish necessary proposal for withdrawal of the purchased land of the Petitioner from acquisition and to furnish additional proposal of acquisition of Ac.5.00 of other land in the adjoining area. The General Manager, District Industries Centre, Koraput also by letter dated 22nd July,1997 requested opposite party No. 4 to consider exemption of the five acres of land purchased by the Petitioner from acquisition. By letter dated 24.2.1998 the Deputy Manager (P&A),IDCO intimated the Land Acquisition Officer, Koraput to take steps for acquisition of the Ac.5.00 of land purchased by the Petitioner and hand over possession of the same at an early as the same falls within the alignment area of SILT (Unit Sewa). By representation dated 22.12.2001, the Petitioner again requested the Land Acquisition Officer, Koraput that since he has made all preliminary arrangements for establishment of the Industries and materials have been collected, the land purchased by him may be exempted from the land acquisition proceedings in the best interest of justice which he cannot part with for the reasons mentioned in the representation. Finally by letter dated 4.1.2002 (Annexure?14) intimated the Petitioner that the land purchased by him falls within the alignment area of BILT and therefore cannot be surrendered. It was further intimated that the compensation amount of Rs. 85,200.00 due for payment has been placed in Revenue Deposit in the Dist. Treasury, Koraput which was intimated to him vide letter dated 27.3.1999 and therefore there is No. necessity of further correspondence as opposite party No. 4 has expressed his inability to surrender the said land. Hence, this writ petition.
3.
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