- (1.) Seeking a direction to the respondents to pay compensation to the petitioners for the acquisition of their lands with statutory and penal interest and to provide "Vikas Pustika" and all other consequential benefits in terms of the policy and to provide rehabilitation sites for rehabilitation within specified period, the present writ petition has been filed.
(2.) The learned counsel for the petitioners submits that the petitioners are full displaced person. It is further submitted that for Swarnarekha Multipurpose Project, Chandil the residential house of the petitioners were acquired however, compensation was not paid to the petitioners and "Vikas Pustika" has not been issued in their names. It is stated that on 02.05.2006, a list of those houses which were flooded due to flow of water and which have been submerged were prepared under the joint signature of Amin, Junior Engineer, Assistant Engineer, Executive Engineer and Spl. Land Acquisition Officer, Chandil and name of petitioners appeared in that list, still they have not been paid the amount of compensation or the benefits under the policy. It is further submitted that according to the policy of 1990, the land losers are entitled to compensation, Vikas Pustika, employment to one of the dependents of each family, site for rehabilitation and other benefits. It is submitted that although the lands and houses of ancestors of the petitioners/ petitioners have been acquired, the respondents failed to pay even compensation, much less the benefits of Vikas Pustika, employment and site for their rehabilitation.
(3.) The counteraffidavit filed by the respondent no.4 discloses that the petitioners/ father of the petitioners have already been paid compensation for the land acquired. It is stated that the petitioners' claim for payment of compensation of houses mentioned in the paragraph no.12 of the writ petition is nothing but to usurp the government money by fraudulent means. It is stated that the petitioners dwelling houses are about 2 km away from the site of the submerged area that is, Kumardih Tola and only Kumardih Tola villagers' houses were affected under dam. The petitioners have made temporary structure over the acquired land after publication of notification and they managed to insert their names in the said list. It is further stated that vide direction dated 28.07.2006 of the Administrator, SMP Adityapur and Additional Collector, Seraikella vide memo dated 05.08.2006, the respondent no.4 made spot verification on 21.08.2006 and found that there was no residential house over the plot mentioned in the list annexed as Annexure1 and therefore, the names of the petitioners have been struckoff from the list. On basis of the spot verification a fresh list was prepared and it was sent to the Additional Collector, Searikella for further action vide memo dated 21.08.2006.;