W.P.(C) No. 34802 OF 2023 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 34802 OF 2023 (An application under Articles 226 and 227 of the Constitution of India) ***** Sanjukta Sahu …… Petitioner -Versus- 1. State of Odisha, represented through the Principal Secretary to Government, Department of Water Resources, Odisha, Bhubaneswar, Dist-Khurda 2. The Director (R&R) & Ex-Officio Additional Secretary to Government, Department of Water Resources, Odisha, Bhubaneswar, Dist-Khurda 3. The Collector & District Magistrate, Nuapada, At/Post/P.S./Dist-Nupada 4. The Project Director (R&R), Lower Indra Irrigation Project, Khariar, At/Post/P.S- Khariar, Dist- Nuapada. 5. The Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar, At/Post/P.S- Khariar, Dist- Nuapada. 6. The Special Engineer-Cum-Project Authority, Lower Indra Irrigation Project, Khariar, At/Post/P.S- Khariar, Dist- Nuapada. .….. Opp. Parties Advocates appeared: For Petitioner : Mr. Bijaya Kumar Behera, Advocate For Opp. Parties : Siba Narayan Biswal, Additional Standing Counsel W.P.(C) No.34802 OF 2023 CORAM : MR. JUSTICE K.R. MOHAPATRA MR. JUSTICE SANJAY KUMAR MISHRA ---------------------------------------------------- Heard and disposed of on 22.01.2026 ---------------------------------------------------- JUDGMENT By the Bench; 1. This matter is taken up through hybrid mode. 2. The petitioner in this writ petition seeks to assail the order dated 24.08.2023 (Annexure-8) passed by the Special Land Acquisition Officer & R.R.O., Lower Indra Irrigation Project, Khariar, Nuapada-Opposite Party No.5 in rejecting the claim of the petitioner to receive Rehabilitation and Resettlement (R & R) Assistance under Displaced Family category (D.F.C.). 3. Mr. Behera, learned counsel for the petitioner submits that the only objection of the Opposite Party No.5 in not extending the R & R benefit to the petitioner was on the ground that there was no clear proof of date of her marriage. 4. It is further submitted that the Petitioner is a member of displaced family, as she was an unmarried daughter of the land looser, namely Bhikari Sahu. Her marriage was solemnized on 11.03.2022. She had also submitted a photocopy of her marriage certificate along with claim form before the Special Land Acquisition Officer. On receipt of the said application, the W.P.(C) No.34802 OF 2023 Special Land Acquisition Officer vide Letter No.1105 dated 13.07.2023, wrote to the Registrar, Marriage Officer, Kesinga NAC, in the district of Kalahandi, to verify the marriage certificate and submit a report. Upon verification of the marriage register as well as the marriage certificate, the Executive Officer, NAC, Kesinga, vide his Letter No.2079 dated 07.09.2023, reported that the marriage certificate issued in favour of the Petitioner vide Registration No.MR/KSG/001849 dated 04.08.2022 by the said office was genuine. Thus, the Petitioner was entitled to the R & R benefit. However, the Special Land Acquisition Officer without waiting for the report proceeded to pass the impugned order under Annexure-8. In the impugned order, the Special Land Acquisition Officer held that the date of marriage of the Petitioner could not be ascertained to his satisfaction and rejected her claim. Hence, the Petitioner prays for setting aside the impugned order and to direct the Special Land Acquisition Officer & R.R.O., Lower Indra Irrigation Project, Khariar-Opposite Party No.5 to extend the R & R benefit in her favour under Displaced Family category. 5. Mr. Biswal, learned Additional Standing Counsel referring to the counter affidavit submitted that in spite of several notices the Petitioner failed to submit her marriage certificate or any other material before the competent authority to ascertain her exact date of marriage. Therefore, the Special Land Acquisition Officer vide the impugned order rightly rejected her claim. The photocopy of the marriage certificate W.P.(C) No.34802 OF 2023 was received by the Special Land Acquisition Officer much after the impugned order was passed. Since, at the time of consideration of her entitlement, the marriage certificate of the Petitioner was not available, no R & R benefit could be extended to her under the Displaced Family category. 6. Mr. Biswal, learned ASC further submits that Kesinga NAC issued the marriage certificate on the basis of self- declaration by the Petitioner. Therefore, the marriage certificate cannot be accepted. He submits that the impugned order is just and proper and warrants no interference. 7. Taking into consideration the submissions made by the learned counsel for the parties, this Court finds that upon receipt of the claim of the Petitioner for grant of R & R benefit under Displaced Family category, the Special Land Acquisition Officer, Lower Indra irrigation Project, Khariar, vide Letter No.1105 dated 13.07.2023, made a query to the Registrar, Marriage Officer, Kesinga NAC, in the district of Kalahandi, to ascertain the genuineness of the photocopy of the marriage certificate submitted by the Petitioner. A copy of the marriage certificate of the Petitioner was also enclosed to the said letter. On receipt on the said letter, the Executive Officer, NAC, Kesinga, vide Letter No.2079 dated 07.09.2023, communicated that the marriage certificate submitted by the Petitioner was genuine, as the marriage was registered in Kesinga NAC vide Registration No.MR/KSG/001849 dated 04.08.2022. W.P.(C) No.34802 OF 2023 8. Of course, the said letter was received after the impugned order under Annexure-8 was passed. Since the Special Land Acquisition Officer & R.R.O., Lower Indra Irrigation Project, Khariar, Nuapada-Opposite Party No.5 had sought for a clarification from the Marriage Officer Kesinga NAC regarding genuineness of the marriage certificate of the Petitioner vide Letter No.1105 dated 13.07.2023, he should have waited for the same or at least issued a reminder to clarify the position. But before receipt of such clarification, the Opposite Party No.5 hurriedly proceeded to pass the impugned order rejecting the claim of the Petitioner. 9. In the counter affidavit, the veracity of the Letter No.2079 dated 07.09.2023 issued by the Executing Officer, NAC, Kesinga was not disputed. Thus, there is no dispute with regard to the genuineness of the marriage certificate of the Petitioner. There is also no material on record to show that the marriage certificate was obtained on the basis of a self- declaration. Since the marriage of the Petitioner was validly registered with a Kesinga NAC vide Registration No.MR/KSG/001849 dated 04.08.2022 by the statutory authority, it is presumed to be correct unless disproved in due process of law. There is also no material on record to disbelieve the marriage certificate of the Petitioner. Thus, the same is treated as valid. 10. In view of the above, this Court finds that on the cut-off date, the Petitioner was an unmarried daughter of the land W.P.(C) No.34802 OF 2023 oustee, namely, Bhikari Sahu. As such, the Petitioner is entitled to the R & R benefit as a member of the Displaced Family. 11. Accordingly, the impugned order under Annexure-8 is set aside, and the Special Land Acquisition Officer, Lower Indra Irrigation Project & RRO, Khariar-Opposite Party No.5 is directed to extend the R & R benefit to the Petitioner by treating her to be a member of the Displaced Family, as expeditiously as possible, preferably by end of May, 2026. 12. The writ petition is allowed to the aforesaid extent. But, in the facts and circumstances of the case, there shall be no order as to costs. Urgent certified copy shall be granted as per Rules. (K.R. Mohapatra) Judge (S.K. Mishra) Judge Orissa High Court, Cuttack, Dated 22nd January, 2026/Monalisa