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ORISSA HIGH COURT: CUTTACK
B.R.SARANGI, G.SATAPATHY
Kunjabana Patel – Appellant
Versus
Land Acquisition Collector, Sundargarh – Respondent
| Table of Content |
|---|
| 1. factual background concerning land acquisition issue (Para 1 , 2) |
| 2. arguments on entitlement to r&r benefits (Para 3 , 4 , 5) |
| 3. court's analysis of the evidence presented (Para 6 , 7) |
| 4. interpretation of beneficial legislation and the r&r policy (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. final ruling on the writ petitions (Para 19) |
JUDGMENT :
B.R. SARANGI, J.
W.P.(C) No. 2345 of 2016 has been filed by one Kunjabana Patel with the following relief:-
“It is therefore prayed that this Hon'ble Court may graciously be pleased to admit the writ petition and issue Rule NISI to the Opp. Parties to show cause as to
(1) Why the order of the Opp. Party No. 2 dt.04.08.2015 vide Annexure-9 will not be declared illegal and quashed, and
(2) Why the Opp. party No.1 &2 will not be directed to send the name of the Petitioner's family for employment under N.T.P.C. Power Plant as per R.R. Policy 2006.”
Similarly, W.P.(C) No. 2347 of 2016 has been filed by one Parameswar Patel with the following relief:-
“It is therefore prayed that this Hon'ble Court may graciously be pleased to admit the writ petition and issue Rule NISI to the Opp. Parties to show cause as to
(1) Why the order of t
The court emphasized that individuals who construct homes on acquired land qualify as displaced families under the Odisha R&R Policy, reinforcing an expansive interpretation in favor of providing emp....
The clarificatory Notification under Annexure-3, by introducing additional conditions for eligibility to Resettlement and Rehabilitation benefits, was deemed oppressive and could only have prospectiv....
Acquisition of land - Rehabilitation and settlement - If house/homestead land of any landholder is acquired for linear project of if there is total displacement due to acquisition for such project, t....
The main legal point established in the judgment is that the PESA Act, Forest Rights Act, and RTFCATILA, RAR Act, 2013 were not applicable to the petitioners' case, and the Orissa Rehabilitation and ....
The court affirmed that a land loser is entitled to employment under the Rehabilitation and Resettlement Policy, regardless of pending title disputes.
Employment assistance claims under rehabilitation schemes must be timely and supported by evidence of eligibility, particularly regarding the dependency on acquired land.
The State's policy providing jobs to displaced persons supersedes application deadlines, ensuring claims are honored despite timelines, supporting social justice.
Government policies for employment of displaced persons must be enforced without imposing unjust limitations, ensuring the protection of their rights and entitlements.
Point of law: In order to bring about a uniform policy relating to resettlement and rehabilitation of displaced persons, under the projects, the policy of the Government so brought out in the year 20....
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