W.P.(C) No.17088 of 2023 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.17088 of 2023 (An application under Articles 226 and 227 of the Constitution of India) ***** Laxmidhar Mohanta … Petitioner -versus- 1. State of Odisha, represented through Secretary to Government, Department of Revenue and Disaster Management, Secretariat Building, Bhubaneswar, Khordha, 2. Collector, Mayurbhanj, AT/PO/PS: Baripada, Dist: Mayurbhanj 3. Special Land Acquisition Officer, Baripada, Dist: Mayurbhanj Opp. Parties Advocates appeared: For Petitioner : Mr. Binaya Kumar Mohanty, Advocate For Opp. Parties : Mr. Manmaya Kumar Dash, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ---------------------------------------------------- Heard and disposed of on 12.05.2026 --------------------------------------------- JUDGMENT By the Bench; 1. This matter is taken up through hybrid mode. 2. Grievance of the Petitioner in this Writ Petition is with regard to inaction of the authorities in extending the benefit under Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 19-May-2026 11:18:43 Signature Not Verified W.P.(C) No.17088 of 2023 the Odisha Rehabilitation and Resettlement Policy, 1994 (for brevity ‘the RR Policy, 1994’). 3. It is submitted by Mr. Mohanty, learned counsel for the Petitioner that the immovable properties of the father of the Petitioner, namely, Padan Mohanta was acquired for Kalo Irrigation Project in the district of Mayurbhanj. He being a displaced person was allotted with Ac.0.30 decimal of homestead land and Ac.2.00 decimal of irrigated land for acquisition of his land under the Odisha Resettlement and Rehabilitation Policy, 1977 (for brevity ‘the RR Policy, 1977’). As per the provision of RR Policy, 1977, the father of the Petitioner should have been allotted with Ac.3.00 irrigated land or Ac.6.00 decimal of non-irrigated land as a Displaced Person. However, the father of the Petitioner was paid Rs.4,320/- in lieu of shortfall of Ac.1.00 decimal agricultural land. 3.1. It is the submission of Mr. Mohanty, learned counsel that there was no provision for grant of cash benefit to the member of a Displaced Family under the provisions of RR Policy, 1977. The provision for grant of cash benefit in lieu of land was introduced for the first time in the RR Policy, 1994 along with provision for employment. Thus, the Petitioner, being a member of the Displaced Family, is entitled to Rs. 20,000/- per acre for loss of immovable property for Kalo Irrigation Project. 4. Mr. Dash, learned ASC vehemently objects to the same and submits that the father of the Petitioner never objected to the benefit he had received for allotment of homestead and agricultural land as Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 19-May-2026 11:18:43 Signature Not Verified W.P.(C) No.17088 of 2023 well as cash benefit in lieu of shortfall of allotted agricultural land during his life time. The Petitioner at a belated stage, moved this Court in W.P.(C) No.33696 of 2011, which was disposed of on 23rd July, 2019 with a direction to the Collector, Mayurbhanj to call for the records from Special Land Acquisition Officer-Opposite Party No.3 as well as Executive Engineer of the said Project (Kalo Irrigation Project) in the district of Mayurbhanj, to examine each case and entitlement of the person to receive the benefit under Rehabilitation and Resettlement Scheme and on verification, extend the said benefit accordingly, after giving opportunity of hearing to the Petitioners therein. 4.1 Accordingly, case of the Petitioner was considered by the Collector, Mayurbhanj and order under Annexure-6 was passed on 10th March, 2022 holding that the Petitioner has already been paid the entitled cash amount as per the Resolution No.13169 dated 20th April, 1977. Therefore, the Petitioner is not entitled to any further benefit under the RR Policy, 1994 and 2006. 5. Heard learned counsel for the parties and perused the record placed before us. 5.1. Upon hearing learned counsel for the Petitioner and on perusal of the record, this Court finds that father of the Petitioner, who was a land oustee and a Displaced Person, was allotted with homestead and agricultural land as well as cash benefit in lieu of shortfall of agricultural land allotted to the father of the Petitioner for acquisition of his land for Kalo Irrigation Project in the district Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 19-May-2026 11:18:43 Signature Not Verified W.P.(C) No.17088 of 2023 of Mayurbhanj. He received the benefit extended to him without any objection. He had also not raised any objection extended to him under the RR Policy, 1994, in addition to the compensation received by him during his life time for acquisition of his land. The Petitioner at a belated stage, i.e., in the year 2011, filed W.P.(C) No.33693 of 2011, which was disposed of on 23rd July, 2019 with a direction to the Collector, Mayurbhanj to examine each case, i.e., entitlement of the person(s), to receive the benefit under Rehabilitation and Resettlement Scheme. The Collector, Mayurbhanj scrutinised each case and on examination of the record vide order under Annexure-6, came to hold that father of the Petitioner had received land and cash benefit under the provisions of Rehabilitation and Resettlement Scheme, i.e., RR Policy, 1977. Father of the Petitioner was granted cash benefit of Rs.4,320/- for shortfall of agricultural land of Ac.1.00 acre, to which he was entitled to. Since he had accepted the same without any objection and had raised no objection with regard to the benefit of cash/land during his lifetime, the Petitioner, being the legal heir, is not entitled to raise any objection to that effect after a lapse of fourteen years. 5.2 Further, on examination of the provisions of RR Policy, 1977 and the documents on record, we find that a member of the Displaced Family, for acquisition of his land, was entitled to Ac.0.30 decimal of homestead property and Ac.3.00 decimal of agricultural land. In the instant case, the father of the Petitioner was allotted with Ac.0.30 decimal of homestead land as well as Ac.2.00 of agricultural land. In lieu of shortfall of Ac. 1.00 dec. of Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 19-May-2026 11:18:43 Signature Not Verified W.P.(C) No.17088 of 2023 agricultural land, he was paid Rs.4,320/- in cash, which he accepted without any objection. Thus, we find no infirmity in the order dated 10th March, 2022 (Annexure-6) passed by the Collector, Mayurbhanj. We also find that the Petitioner is not entitled to any further benefit either under RR Policy, 1977 or RR Policy, 1994 for acquisition of land of his father for Kalo Irrigation Project in the district of Mayurbhanj. 6. Accordingly, we find no merit in the Writ Petition. Hence, the same stands dismissed being devoid of any merit. In the facts and circumstances of the case, there shall be no order as to costs. Urgent certified copy of this judgment be granted on proper application. (K.R. Mohapatra) Judge (S.K. Mishra) Judge The High Court of Orissa, Cuttack Dated the 12th day of May, 2026/ satapathy