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2022 Supreme(Ori) 102

BISWAJIT MOHANTY, BIRAJA PRASANNA SATAPATHY
Goshibananda Naik – Appellant
Versus
State of Orissa – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S.K.Joshi, Advocate
For the Respondent:Mr.H.M.Dhal, Addl. Govt. Advocate

JUDGMENT :

B. Mohanty, J.

The petitioner has filed the present writ petition with a prayer to quash the Government of Odisha Revenue and Disaster Management Department Notification dated 20.10.2010 under Annexure-3 containing clarification on “Displaced/Affected families” with reference to Odisha Resettlement and Rehabilitation Policy, 2006, for short, “2006 Policy”. He has also made an alternative prayer that the above mentioned Notification under Annexure-3 should not be given retrospective effect and the opposite parties be directed to extend the benefits of the Odisha Resettlement and Rehabilitation Policy, 2006 to the project affected persons.

2. Mr.S.K.Joshi, learned counsel for the petitioner submitted that the father of the petitioner had purchased Ac.3.15 dec. from Ghasiram Domb on 10.3.2003 and Ac.4.09 dec. from one Sabe Harijan and others on 17.4.2003 through Registered Sale Deeds and the above noted lands were mutated in favour of the father of the petitioner vide orders dated 3.12.2003 and 2.1.2004 passed respectively in Mutation Case No. 1055 of 2003 and Mutation Case No. 1057 of 2022

3. More than 75% of such land was acquired by the Government for Ret Irrigation Project

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