1. Heard learned counsel for the petitioner and learned Addl. Government Advocate for the State.
2. Petitioner in this writ petition prayed for cancellation of the lease dated 8.9.2003 executed in favour of the Notified Area Council, Kesinga by the IDCO on the recommendation of opposite party No. 2-Collector, Kalahandi in respect of the acquired land measuring 10 acres and to restore possession of his acquired land in his favour.
3. Learned counsel for the petitioner submitted that the land of the petitioner under Khata No. 21 of village Kurlupada was acquired by the State Government under the Land Acquisition Act 1894 for establishment of paper mill industry on being requested by M/s. Kesinga Paper Mills Private Limited. Accordingly L.A. Case No. 19 of 1983 was initiated and compensation was awarded. As M/s. Kesinga Paper Mills Private Limited had not taken any step for establishment of paper mill the allotment was cancelled. In the year 2002 the Collector recommended the IDCO to provide 20 acres of land to N.A.C., Kesinga. On 8.9.2003 a lease deed was executed in favour of the N.A.C. for construction of bus stand.
4. A counter affidavit filed on behalf of opposite party No. 2 wherein it was stated that the land was acquired on a requisition filed by the Managing Director, IDCO, Orissa for development of industry and not on the request of M/s. Kesingha paper Mills Private Limited. After acquisition due compensation was paid as per the provision of the Land Acquisition Act. It was further stated that the land was acquired for the public purpose. The lands were acquired and handed over to IDCO on 25.5.1995. The IDCO had allotted Ac.116.72 of land to M/s. Kesinga Paper Mills on 26.8.1995 and subsequently the said allotment was terminated for breach of terms and conditions. Subsequently the land was handed over to N.A.C. Kesinga for the purpose of developmental work.
5. Learned Addl. Government Advocate submitted that as the lease was executed in favour of the N.A.C. the company i.e. M/s. Kesinga Paper Mill Private Limited filed W.P.(C) No. 9098 of 2003 before this Court with a prayer to direct the IDCO and the State Government to execute and register a lease deed with the company and to take necessary steps to facilitate establishment of paper mill. In the said writ petition an interim order was passed. In the meantime the said writ petition was dismissed for non-prosecution on 28.11.2018 and interim order also stands vacated.
6. There can be no dispute to the settled legal proposition that once the possession of the land is taken under the provisions of the Act, it vests in the State free from all encumbrances, whatsoever, it cannot be divested. The land so acquired cannot be restored to the tenure holder/person interested even if it is not used for the purpose it was acquired or for any other purpose. After acquisition of land it could be put to use for the purposes other than for what it was originally declared. The new owners have the ordinary rights of proprietors and may use the land as it think fit for any purpose. It is not the concern of the land owner as how his land is used and whether the land is being used for which it was acquired or for any other purpose.
7. Considering the above, since the land was already handed over to N.A.C., Kesinga, for developmental purpose, we are not inclined to interfere with the matter.
8. Accordingly the writ petition is dismissed.