Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
L.A.A. No.29 of 2024
Kasai Mandinga and others …. Appellants
Mr. Prasanta Kumar Satapathy, Advocate -versus- Suai Mandinga and others …. Respondents
Mr. T.N. Murty, Advocate
CORAM: JUSTICE SANJAY KUMAR MISHRA
Order No.
ORDER 22.07.2026
11. This matter is taken up through hybrid mode. 2. Impugned is the judgment dated 26.06.2024 passed in L.A. Case No.2 of 2011 by the learned Senior Civil Judge, Koraput at Jeypore in a reference under Section 30 of the Land Acquisition Act, 1894. 3. During pendency of the present Appeal, the parties were referred for mediation. As per the mediation report submitted by the Secretary, District Legal Services Authority-cum-Coordinator, Mediation Centre, Koraput- Jeypore vide letter No.2957 dated 04.05.2026, the mediation became unsuccessful. 4. However, learned Counsel for the parties submit, pursuant to such failure of the mediation, a further conciliation was held between the parties and they have agreed that the present Appellants shall be paid 40% of the p. 2 awarded compensation amount along with accrued interest thereon and the Respondent No.7 shall be paid 60% of the compensation amount with accrued interest thereon. 5. Mr. Satapathy, learned Counsel for the Appellants files an affidavit sworn in by Appellant No.1 on behalf of all the Appellants in the Court indicating therein that the present Appellants would be entitled to 40% of the awarded amount with accrued interest thereon, if any. Similarly, the Respondents will be entitled to 60% of the awarded amount with accrued interest thereon. The said affidavit filed in the Court is taken on record. 6. Mr. Murty, learned Counsel for the Respondents appears through virtual Court, Koraput at Jeypore and submits, his client - Respondent No.7 namely, Sute Miniyaka, has also filed a similar affidavit accepting the proposal given by the Appellants with regard to apportionment of awarded amount, which was e-filed on 20th July, 2026. The said affidavit, not being on record, is received from the Registry and is taken on record. 7. As is revealed from the said affidavit filed by the Respondent No.7, in paragraph No.4 of the said affidavit, she has stated that she has accepted the said proposal of the Appellants with regard to apportionment of the awarded amount in the ratio 40:60 between themselves (present Appellants) and herself (Respondent No.7) and also accepts that the said proposal is without any force, coercion, undue influence or misrepresentation.
But to the contrary, it has been stated in paragraph No.5 of the said affidavit that the present Respondent No.7 shall be entitled to receive 60% of the compensation/awarded amount along p. 3 with interest accrued on the awarded amount and only 40% of the awarded amount shall be payable to the Appellants. 8. Per contra, the Appellants in their affidavit stated that they would be entitled to receive 40% of the compensation/awarded amount along with interest accrued thereon and the Respondent No.7 shall be entitled to receive 60% of the compensation/awarded amount along with accrued interest thereon. 9. On being asked, Mr. Murty, learned Counsel for the Respondents submits, as per the instruction received, his client (Respondent No.7) is ready and willing to accept the 60% of the compensation amount with accrued interest thereon and 40% of the awarded amount with accrued interest thereon has to be disbursed in favour of the Appellants, as detailed in the Affidavit filed by the Appellant No-1. 10. Accordingly, the impugned
judgment dated 26.06.2024 passed in L.A. Case No.02 of 2011 by the learned Senior Civil Judge, Koraput is modified to the effect that 40% of the awarded amount with accrued interest thereon, if any, shall be disbursed in equal share amongst the present Appellants. Whereas, 60% of the awarded amount with accrued interest thereon, if any, shall be disbursed in favour of the Respondent No.7 namely, Sute Miniyaka.
11. The learned Senior Civil Judge, Koraput at Jeypore is
directed to do the needful and disburse the awarded amount, as indicated above, in favour of the beneficiaries at the earliest, preferably within six weeks hence. p. 4
12. With the aforesaid observation, the Appeal stands
disposed of.
Interim order dated 23rd August, 2024 passed in I.A. No.275 of 2024 stands vacated.
Urgent certified copy of this order be granted on proper application.
Kanhu
(S.K. Mishra) Judge
Designation: JUNIOR STENOGRAPHER Location: High Court of Orissa, Cuttack.