CUTTACK: The Orissa High Court on Tuesday terminated adjudication on a PIL seeking quashing of the rehabilitation and resettlement (R&R) scheme drawn up by the state government for the Samaleswari Temple Area Management and Local Economy Initiatives (SAMALEI).
The division bench of Chief Justice S Muralidhar and Justice M S Raman said the Supreme Court had dismissed the Special Leave Petition (SLP) the petitioners had filed challenging the high court’s July 12, 2022 interim order on the PIL petition.
Rakesh Suna and four others who were occupying government land in the Samleswari temple complex area had filed the petition in the high court. Their SLP was dismissed by the Supreme Court on January 5, 2023. “The said interim order answers all the questions raised in the present petition,” the bench said while dismissing the petition on Tuesday.
“It is nevertheless clarified that it will be open to the petitioners if there is any grievance regarding implementation of the Rehabilitation & Resettlement Policy to approach in the first instance the collector and thereafter seek appropriate remedy in accordance with law.”
The petition also sought direction from the state government to formulate a new scheme in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
In July 12, 2022 interim order, the high court had observed that there is no dispute as to the land which the petitioners are presently occupying is government land. What is also not in dispute is that there is no notification for acquisition issued by the government under the 2013 Act for any part of such land.