Recover compensation from claimants: Orissa High Court directs State govt

The over two-decade-old scam involves the State government acquiring its own land and paying compensation for it in pursuance to a notification in 1983.
Orissa High Court
Orissa High Court

CUTTACK: The Bidyadharpur land scam took a decisive turn on Wednesday with the Orissa High Court issuing a direction for recovery of compensation paid to claimants over acquisition of 112 acre land for Cuttack Development Authority’s Bidanasi Triangular Housing Project.

The over two-decade-old scam involves the State government acquiring its own land and paying compensation for it in pursuance to a notification in 1983. The scam surfaced during an inquiry and what followed were several disputes in revenue and other subordinate courts. The disputes reached the High Court after the State government filed appeals against orders of the lower courts and appellate revenue authorities in 2002. A PIL pending since 1996 was also taken up along with the appeals in 2002. But the questions of law to be determined in the petition were framed only on April 27 this year. 

A division bench of Chief Justice S Muralidhar and Justice BP Routray ruled,”All the sale of land in question subsequent to the notification dated 27th April, 1963, Land Acquisition Awards and the corresponding orders in reference under Section 18 of the LA Act are declared null and void and all the execution proceedings arising therefrom are hereby declared closed. On the strength of this judgment, the courts concerned will pass corresponding orders  accordingly.” It directed the State government to take all possible steps to recover the amount paid as compensation to the claimants, in accordance with law.

As per details spelled out in the 40-page judgment, the entire stretch of 112 acre at Bidyadharpur was vested with the State government by virtue of a notification issued under the OEA Act, 1951 on April 27, 1963. Though the State since was the owner of the land, a person  on the basis of revenue records created in his name had projected himself as the landowner and sold the 112 acre to different persons. While the person had died the land changed hands in sale and purchase transactions over the years. 

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