Arindam Sinha, J
1. Mr. Behera, learned advocate appears on behalf of applicants and draws attention to record of submissions in order dated 1st November, 2021.
There was further record of submissions on 12th January, 2022.
2. Mr. Panda, learned advocate, Additional Government Advocate appears on behalf of alleged contemner and draws attention to disclosure in the
show-cause being letter dated 17th July, 2017 issued by Officer on Special Duty (Budget). Thereby, there was direction for release of fund of
Rs.15,158/-. He submits, applicants did not accept. On query from Court, Mr. Panda clarifies, the compensation was as per Orissa Relief Code for
period 2005 to 2010, pursuant to Ministry Of Home Affairs (MHA) letter no.32-34/2007/NDM-1. Rs.15,000/- per hectare was the rate of
compensation directed thereby. On due calculation, the compensation was directed to be released. This rate was applied because the claim arose on
land submerged in year, 2007.
3. Mr. Behera, respondents to point out there was subsequent letter dated 21st June, 2013 from the Ministry (Disaster Management Division),
addressed to Chief Secretary of all States. Pursuant thereto there was revision in the Code to enhance compensation for land submerged, at
Rs.25,000/- per hectare. Mr. Panda reiterates, this rate cannot be applied because the land was submerged in year, 2007 and the earlier Code applied.
4. As per record of submissions in aforesaid orders, it is clear that State was directed to move and thereupon passed release order dated 17th July,
2017, for compensation of an event taken place in year, 2007. The Code applied was pursuant to earlier circular of the Ministry. Said Ministry by
circular dated 21st June, 2013 made the revised Code, relied upon by applicants, to be effective from 1st March, 2013. State acted as on 17th July,
2017, when the Code pursuant to said circular dated 21st June, 2013 was in place.
5. Compliance is expected on adjourned date.
6. List on 17th March, 2022.
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