IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 33380 OF 2025 Harish Chandra Pakal &. Petitioner Mr. Aparesh Bhoi, Advocate -versus- State of Odisha and others &. Opp. Parties Mr. Umesh Chandra Behura, Additional Government Advocate CORAM: JUSTICE K.R. MOHAPATRA JUSTICE CHITTARANJAN DASH ORDER Order No. 06.01.2026 2. 1. This matter is taken up through hybrid mode. 2. The Petitioner in this writ petition prays for a direction to the Opposite Parties to award adequate compensation for acquisition of his land. 3. Mr. Bhoi, learned counsel for the Petitioner submits that for acquisition of land of the Petitioner under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for brevity 8the Act9), the Zone Officer-cum-Land Acquisition Collector, Subarnrekha Irrigation Project, Bahalda Zone, Baripada, Mayurbhanj-Opposite Party No.2 assessed the compensation, which was grossly inadequate. Rehabilitation and resettlement benefit was also not extended to the Petitioner. Hence, the Petitioner made an application to Opposite Party No.2 on the date of the award, i.e., on 21st June, 2024 (Annexure-1) for redressal of his grievances. The same is yet to be considered by Digitally Signed Signed by: MADHUSMITA SAHOO Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Jan-2026 13:55:10 Signature Not Verified Opposite Party No.2. Thus, being aggrieved, the Petitioner has filed this writ petition. 4. It is further submitted by Mr. Bhoi, learned counsel that the Petitioner is entitled to compensation as per the market value of the land on the date of acquisition. He is also entitled to rehabilitation and resettlement benefit. Thus, he prays for a direction to Opposite Party No.2 to award adequate compensation and extend rehabilitation and resettlement benefit in favour of the Petitioner. 5. Mr. Behura, learned Additional Government Advocate submits that the writ petition is not maintainable, as the Petitioner has not exhausted the remedy under Section 64 of the Act. It is his submission that since the Act itself provides adequate remedy for enhancement of compensation, which has not yet been availed by the Petitioner. As such, the writ petition is not maintainable. 6. Considering the submissions made by learned counsel for the parties, this Court finds that the Zone Officer-cum-Land Acquisition Collector, Subarnrekha Irrigation Project, Bahalda Zone, Baripada, Mayurbhanj-Opposite Party No.2 assessed the compensation and communicated it to the Petitioner vide Letter dated 21st June, 2024 (Annexure-1). Being aggrieved, the Petitioner submitted a grievance petition before him on the very same day, i.e., on 21st June, 2024. On perusal of Annexure-2 (copy of the Petitioner9s written grievance), it appears that the same is not in terms of Section 64 of the Act. 6.1 It is, therefore, submitted by Mr. Bhoi, learned counsel for the Petitioner that a properly constituted petition under Section 64 of the Act shall be filed before Opposite Party No.2 for his consideration. Digitally Signed Signed by: MADHUSMITA SAHOO Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Jan-2026 13:55:10 Signature Not Verified 7. It appears that the award was communicated to the Petitioner on 21st June, 2024 and in the meantime one year has already been elapsed. Thus, the Collector, Mayurbhanj will not be in a position to entertain an application under Section 64 of the Act beyond one year, as provided under 2nd proviso to Section 64 (2) of the Act. 8. Taking into consideration that the Petitioner has filed an application redressing his grievances before Opposite Party No.2 on 21st June, 2024, i.e., on the date of communication of the award, with an impression that his grievances will be redressed for enhancement of compensation, it is directed that in the event the Petitioner files an application under Section 64 of the Act before the Collector, Mayurbhanj within a period of three weeks hence along with relevant documents and information, the same shall be considered on its own merit for reference to the Authority without adhering to the technicalities under the 2nd proviso to Section 64(2) of the Act within a period of one month thereafter and the decision thereof shall be communicated to the Petitioner forthwith. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (Chittaranjan Dash) ms Judge Designation: JUNIOR STENOGRAPHER