National Highways Authority Of India [NHAI] — unethical & vindictive attitude

Address:

Dhenkanal, Odisha, 759013

To,
The national highway authority of india, costumer care

Sub:-grievance of dr. Prof. Gouri kumar prusty, neurosurgeon from no-1, p. O-korian, at-korian byepass, p. S. Town, dhenkanal, state - odisha, pin-759013 and present residing at kolkata in ck birla hospitals (Cmri) (Calcutta medical research institute), kolkata.
Grievance against
1) land acquisition collector, dhenkanal & the competent authority, national highways-42/55, at/p. O/dist-dhenkanal, odisha
2) project director, national highways, dhenkanal, odisha.
3) gayatri project limited, odisha.

The above named petitioner most respectfully sheweth

(A) that in l. A. Case no-61/07/2013 with process no -1257 on dated 26/09/2015, village – korian p. S. Town, dist - dhenkanal.

(B) that in this case an area of a0.430 decimal of taila kisam of land under plot-590 in khata-49 in village korian under dhenkanal municipality has been acquired out of an area of a0.900 decimals for widening (Four laning), korian byepass junction of nh-55 (Old nh-42) as per notification of the l. A. Collector o. P. No-1.

(C) that one kunja bihari behera was the recorded owner in possession of holding no. 49, plot no. 590 measuring an area of a1.08 decimals in his own right title and interest.in the hal settlement record finally published in the year 1986.

(D) that kunja behera is dead since last 25 years and at the time of his death he left behind him his four sons namely 1-ramachandra, 2-harihara, 3-paramanand and 4-dharmanand and three daughters namely golapa parida, lata swain and jayanti nayak. The eldest son ramachandra is dead and he has left behind him his widow bhagyabati and two sons namely satya swarupa and rudraprasad.

(E) that after death of kunja bihari his sons sold an area of a0.52 decimals to one balaram sahoo of korian, who mutated his purchased land in mutation case no-6468/2003 and he was granted mutation pata no.341/240 in his favour.

(F) that from said khata no-49, plot no-590 of village korian, the national highway authority acquired a 0.37 decimals for construction of korian byepass road of nh-42 and in rent abatement case no-22/2004 a0.37 decimal from plot no -590 was mutated in favour of the nh authority in khata no-363 of village - korian.

(G) that after the death of kunja bihari his four son’s of kunja bihari on[protected] vide registered sale deed no-2157/2004 of the office the district sub registrar, dhenkanal sold an area of a1.08 decimals of land from its middle portion in favour of one indulata pradhan w/o - ravinarayan pradhan of village korian for a consideration of rs1, 60, 000/- but for purpose of registration the valuation was determined at rs2, 97, 000/- and stamp duty and registration fees was paid on that market value.

(H) that srimati indulata pradhan got her purchased land mutated in her name in the mutation case no 4947/2004 of the office of the tahasildar, dhenkanaland she was granted mutation khata no341/257 in respect of her purchased land plot no.590/2332 bearing.

(I) that srimati indulata pradhan on[protected] vide registered sale deed no. 1310/2008 of the office of the district sub registar, dhenkanal sold her aforesaid purchased land in favour of the humble petitioner gouri kumar prusty vide mutation khata no 341/377, the said an area of a1.08 decimals at the consideration of rs8, 64, 000/- and delivered physical possession to the petitioner.

(J) that the petitioner dr. Gouri kumar prusty after purchased of the land from indulata pradhan applied for mutation of the land in his favour before the tahasildar, dhenkanal and in mutation case no-2426/2008, the plot no 590/2332 measuring an area a1.08 decimal was recorded in the name of the petitioner in mutation khata no-341/377 in village korian of the office of the tahasildar, dhenkanal

(K) that the petitioner in reconversion misc case no - 460/2008, applied for reconversion of an area a0.12decimals to homestead kisam and according by plot no 590/2332/2436 was converted to homestead land, again the petitioner in r. M. C case no-249/2013 u/s 8 (1) a o. L. R. Act for conversion of another area of a 0.240 decimals no plot no 590/2332/2556 measuring of a0.24 of land to homestead land. And vide plot no - 590/2332/2556, so out of a1.08 decimals plot no 590/2332 measuring an area a0.72 decimals remain as taila-ii plot no 590/2332/2436 measuring an area of a0.120 converted said to homestead land and plot no 590/2332/2556 measuring of a0.240 decimal converted to homestead. Thus out of a 1.08decimals, the petitioner converted a0.360 decimals to homestead and the balance a 0.72 decimals remaining of taila-ii land.

(L) that since december 1975, village korian has been declared as urban area within dhenkanal municipality and the land’s of village korian is treated as urban area and accordingly the compensation should have been assessed.

(M) that all the aforesaid statements are matters of record of the tahasildar office and the l. A. Collector should have taken judicial notice of these facts and before the requisition for acquisition of land fornh-42/55. The l. A. O. And the nh authority should have taken judicial notice of these facts and before the requisition for acquisition of land for nh-42. The l. A. O and the nh authority should have check and verify the requisition. The requisition plots with the r. O. R in the tahasil office but it seems that both the authorities failed judicially to comply for which the schedule of land was not correct and both authorities committed grate in justice in making the award in the wrong persons with connivance and mala fide intention.

(N) the l. A. Collector has played foul. That the petitioners at his own cost constructed a three storey commercial building over his purchased land before the proposal for acquisition was given. The petitioner obtained due permission and sanction from the competent authority i. E. The special town planning authority and the denkanal municipality authority and orissa state pollution control board, angul

(O) that inspite of repeated requests approaches and reminders the officer staff of the l. A. Collector did not take interest and stating that the matter of the petitioner will be enquired fresh and the matter be consider.

(P) that it is not understood whether an area of a0.43 decimals of land is acquired from plot no-590 measuring a0.900 decimals as given in the schedule of the notification or an area of a0.43 decimals has been acquired from the plot no 590/2332/2436 and 590/2332/2556 and 590/2332 and whether acquired land is taila or homestead. The three storeyed building was constructed over plot no-590/2332/2436 and the building was not constructed over plot no 590 measuring an area of a0.900 and under such circumstance the demolition of the standing structure was illegal and due the vindictive nature of the l. A. Authority with vested interest of the gayatri constuction authority from whom she was deriving illegal gratifications.

(Q) that the l. A. O. Authority very well known that the petitioner was serving as neurosourgeon professor at c. K. Birla hospitals, calcutta medical research institute (Cmri), kolkata but she sent e - mail notice for demolition of the building on 29.06.2019 to be present on[protected] at 6 a. M., which was very prejudice and time was very insufficient on his post to be present as he got the email at mid night of 29.06.2019 after he received the e-mail after returning from his hospital duty.

(R) that as several times the advocate of the petitioner mr. Suresh chandra mohanty and his nephew belalsen prusy and the petitioner requested the learned l. A. Collector to demark the acquired line of acquisition, demarcation as on 19.11.2018, the l. A. Collector whimsically destroyed the boundary wall of his premises and the out housing of the compound wall by which his premises was destroyed and his privacy was lost as it was free passage for forest animals, outsiders, to enter to his premises and there was no definite demarcation the petitioner failed to construct his compound boundary wall.

(S) that the action and activity of the l. A. Collector is aggressive and vindictive and such behaviour is not expected from a public officer. So the petitioner therefore request your good self to give justice in getting proper justice and payment of the compensation dues from the competent authority as well as measurement of the acquired land with reference to the acquisition map of the dhenkanal byepass road and the acquisition map for expanding four laneing nh42/55 of the present acquisition. And for this act of kindness the petitioner as in duty bound shall ever pray
By the petitioner