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2019 Supreme(Ori) 260

S.PANDA, P.PATNAIK
Manoranjan Sa – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
Gouri Mohan Rath, Adv., S.S. Padhy, Adv., A.P. Rath, Adv., S. Jena, Adv., Md Kharib Ansari, Adv., Kishore Kumar Mishra, Adv., Jayant Das, Adv., A.N. Das, Adv., N. Sarkar, Adv., E.A. Das, Adv., M. Muduli, Adv.

JUDGMENT :

S. Panda, J.

The petitioners, who are the villagers of Sarandamal and Junadihi, in the district of Jharsuguda pray for quashing the order dated 06.04.2016 passed by the Government of Odisha in Revenue & Disaster Management Department under Annexure-4 as well as the order dated 08.04.2016 passed by the Collector & District Magistrate, Jharsuguda under Annexure-5 to the writ petition, wherein M/s National Thermal Power Corporation Limited ('NTPC' in short), Darlipali, S.T.P.P. was permitted to exercise the powers for right of way/right of use of private property as per the land schedule submitted by the GGM, M/s NTPC, Darlipali for laying overhead electric lines and underground water pipelines in the lands of the petitioners.

2. The brief fact as delineated in this writ petition tends to reveal as follows:

    The petitioners claiming to be the marginal farmers are residing in the village Sarandmal and Junadihi under Lakhanpur Tahasil in the district of

    Jharsuguda. The lands are recorded in the name of the predecessors of the petitioners and the same are the only resource of their livelihood. They are engaged in cultivation. The Land Acquisition Officer-opposite party no.4 issued a

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