WP(C) No.477 of 2020 p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.477 of 2020 (Under Article 226 and 227 of the Constitution of India) Bishnu Prasad Sahoo …. Petitioner -versus- State of Odisha, represented through its Secretary, Department of Housing and Urban Development Department and Others … Opposite Parties Advocate(s) appeared in this case:- For Petitioner : Mr. Shib Shankar Mohanty, Advocate For Opp. Parties : Mr. U.R. Jena, A.G.A. Mr. Gautam Misra, Senior Counsel for O.P. No.2, 3 & 4. CORAM: JUSTICE B.P. ROUTRAY JUDGMENT 13th March, 2026 B.P. Routray, J. 1. Heard Mr. S.S. Mohanty, learned counsel for the petitioner, Mr. G. Misra, learned senior counsel for opposite parties No.2, 3 and 4 and Mr. U.R. Jena, learned AGA for State - opposite party No.1. No one appears on call for opposite parties No.5 and 6 despite the name of learned counsel is indicated in the list. Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Mar-2026 20:42:15 Signature Not Verified WP(C) No.477 of 2020 p. 2 2. The petitioner‟s case is that a water pipe line in connection with the project work has been laid underground in the land of the petitioner in Plot No.2110 without his consent. Accordingly the petitioner approached opposite parties No.2, 3 and 4 claiming damage caused due to such lying of the pipeline underground in his plot and the representation of the petitioner dated 27th November, 2019 is still pending before the opposite parties No.2, 3 & 4. 3. Opposite parties No.2, 3 & 4 are the private executing agencies who have been engaged for the project work namely „Improvement of Water Supply to Greater Berhampur‟ (also known as Janivilli Water Supply Project). According to said opposite parties the authority liable to pay compensation is opposite party No.1, who is the State authority and they have only laid the pipeline being the executing agencies. 4. The State has filed its counter admitting lying of underground water pipe through the land of the petitioner in Plot No.2110. It is further admitted that the pipeline having 1100 mm diameter for supply of water to Berhampur city under the aforementioned project has been laid underground through the land of petitioner for better management and to avoid unnecessary traffic. The said pipeline has been laid at a depth of one meter below the natural soil level up-to length of 50 meters in Plot Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Mar-2026 20:42:15 Signature Not Verified WP(C) No.477 of 2020 p. 3 No.2110 thereby occupying 55 square meter of land in Plot No.2110 belonging to the petitioner. In this regard paragraph-8 of the counter affidavit filed by State is relevant to be reproduced here. The same reads as follows:- “8. That with regard to averments made in paragraph-4 of the writ petition, it is respectfully submitted that as per Advocate‟s notice dated 27.11.2019 and 23.9.2019, the Executive Agency of the project i.e. M/s.L&T Ltd. Mumbai, has conducted field enquiry and submit enquiry report to the Advocate that there was no drain in the suit plot of the petitioner in which the pipe line is laid, for which getting compensation for its damage on construction of the pipeline does not arise. There has been acute scarcity of drinking water for last couple of decades in Berhampur City. As such, the Government of Odisha has taken up the Mega ambitious project “Improvement of water supply to Greater Berhampur”(also known as Janivilli Water Supply Project) to get rid of water scarcity. Under the said project, there is provision of laying of 1100 mm diameter pipeline for supply of water to the Berhampur City. The original alignment for laying of pipeline is the only cement concrete main road passing through thickly populated residential area, market place and School area. Due to crowded market area, narrow road, heavy vehicular traffic and inadequate working place in original alignment to accommodate heavy machineries such as JCB, Hitachi, Crane required for laying of large diameter (1100 mm) pipeline and to avoid head loss due to more bends for smooth flow of water and also keeping in view the convenience and accident hazards of Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Mar-2026 20:42:15 Signature Not Verified WP(C) No.477 of 2020 p. 4 commutes and residents, the alignment was shifted for laying of pipeline in the barren land bearing Plot No.2110 under 132 KV Electric power supply line on which patch of land, construction of structure has been prohibited by Berhampur Development Agency as per approved C.D.P. under Odisha Development Authority(ODA) Act. That the water supply pipeline in connection with the Project “Improvement of water supply to Greater Berhampur” has been laid at a depth of 1 meter below Natural Soil Level for a length of 50 meter in plot No.2110 (having title and possession in favour of the petitioner) of Bhabinipur Mouza under Kanisi Tahasil of Ganjam distrit. The said plot bearing plot No.2100 is under 132 KV line and kisam of the land is Bila Dofasali Eka. As per approved Comprehensive Development Plan(CDP), construction of building, structures is not allowed in the stretch of land measuring 15 meter perpendicular to the center of 132 KV line on either side of the center of 132 KV line. Therefore, the petitioner shall not be allowed to construct any building, structures on the said patch of land bearing plot No.2110 measuring 50 meter in length and 15 meter in width on either side of center of 132KV line which is existing in plot No.2110. The said patch of land is laying barren. Therefore, the said pipeline has been laid in some portion of the plot No.2110. It is pertinent to mention here that no pipe has been laid in plots bearing No.4452, 4453,4454,4456,4457 and 4534 and therefore, question of any damage to such plots does not arise. As there was no house in plot No.2110, the question of any damage of any house does not arise due to laying of pipeline. Further, there existed no drain on plot No.2110, the question of damage of drain does not arise. Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Mar-2026 20:42:15 Signature Not Verified WP(C) No.477 of 2020 p. 5 Before laying of pipeline over plot No.2110 of the petitioner, Executive Engineer, PH Division(Project) Office, Berhampur tried to contact the petitioner at the address i.e. Kajibari Street, Berhampur after having known from the R.O.R. downloaded from website, but in vain. Due to urgency and larger interest of public, the pipeline of length 50 meter covering an area of 55 square meter has been laid some portion of the said plot. It is an admitted fact that the petitioner is staying at Bhubaneswar as is evident from his writ petition. The petitioner came to the office of the Executive Engineer, PH Division (Project), Berhampur one month after laying of pipeline on his plot and the fact was intimated to him. The pipeline laid for “Janivilli Water Supply Project” starting from River Rushikulya at Janivilli to Berhampur Town and inside the Berhampur Town is near about 75kms. This higher diameter pipeline under water supply project is being laid in Government land as well as in private land. Other land owners in which the pipe line laid have neither claimed any compensation nor have filed any case before the Court of law, as it is a public project for supply of Drinking Water to the entire City of Berhampur. But the petitioner has defeats the purpose of supplying drinking water to the people of Berhampur City.” 5. It is though submitted by Mr. Jena, learned AGA for State that WATCO authorities, i.e. opposite parties No.5 and 6, are the concerned authority to pay the compensation for damage in respect of laying the pipeline, but nothing has been mentioned to that effect in the counter affidavit of the State authority. On the other hand, WATCO authorities Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Mar-2026 20:42:15 Signature Not Verified WP(C) No.477 of 2020 p. 6 have though entered appearance engaging their Lawyer but they have neither filed the counter affidavit nor their Lawyer is present in course of hearing. 6. Undoubtedly, the petitioner is entitled for compensation when his land is affected by the action of State authorities in laying the water pipeline underground. In the present case, it is admitted that 55 square meter of land in Plot No.2110 belonging to the petitioner has been affected by laying the water pipeline of diameter 1100 mm and till date, despite the approach of the petitioner to different authorities, nothing has been paid to him with regard to compensation. The State authority cannot deny legitimate compensation to the aggrieved citizen for its action for using private land for its purpose or for public purpose. 7. In the circumstances, as it is admitted that the pipeline has been laid underground in the land of the petitioner covering 55 square meter, the entitlement of the petitioner to get compensation thereof is bound to be granted in his favour. Thus, this court without any hesitation directs opposite party no.1 to work out the compensation in respect of damage caused to the petitioner by laying such pipeline in his land, within a period of six weeks from the date of receipt of certified copy of this order and shall pay due compensation amount accordingly along with interest Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Mar-2026 20:42:15 Signature Not Verified WP(C) No.477 of 2020 p. 7 @ 12% per annum with effect from December 2019 till the date of actual payment including collateral damages, if any, and ancillary expenses, within a period of four weeks thereafter. 8. With aforesaid observation and direction the writ petition is disposed of. ( B.P. Routray) Judge M.K. Panda/P.A.