Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 11393 OF 2025
Dasharu Jagat
…. Petitioner
Mr. Bijaya Kumar Behera, Advocate
-versus-
State of Odisha and others …. Opp. Parties
Mr. Siba Narayan Biswal, Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO
ORDER
Order No. 08.09.2025
4. 1. This matter is taken up through hybrid mode. 2. The grievance of the Petitioner, in this writ petition, is with regard to inaction of the Special Land Acquisition Officer & RRO, Lower Indra Irrigation Project, Khariar (Opposite Party No.3) in releasing the compensation pursuant to the order passed in an application filed under section 28-A of the Land Acquisition Act, 1894 (for brevity, ‘the Act’). 3. It is submitted by Mr. Behera, learned counsel for the Petitioner that LAR No.93 of 2017 of village Konabira in the District of Nuapada referred under section 18 of the Act was disposed of vide judgment dated 1st February, 2018 enhancing the compensation. Since the land of the Petitioner was acquired under the same Notification No.1767 dated 9th January, 2001 published under section 4(1) of the Act, the Petitioner filed an application under section 28-A of the Act for redetermination of compensation for acquisition of his land in terms of the judgment passed Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 09-Sep-2025 10:16:46 Signature Not Verified p. 2 in LAR No. 93 of 2017. The said application was disposed of by the Collector, Nuapada directing payment of Rs.1,00,22,262/- towards differential compensation. But, the said amount has not yet been released in favour of the Petitioner. Thus, the Petitioner has approached this Court in the present writ petition. Considering the grievance of the Petitioner, this Court vide Order dated 2nd May, 2025 directed learned State Counsel to take instruction with regard to current status of release of compensation in favour of the Petitioner under Section 28-A of the Act. 4. Upon receiving written instruction from the Opposite Party No.3, Mr. Biswal, learned Additional Standing Counsel submits that Government in the Department of Water Resources, Odisha, Bhubaneswar have been moved by the Opposite Party No.3 for sanction of the decreetal dues in LAR No. 93 of 2017 vide Office Letter No.1554 dated 8th September, 2025. The sanction for payment of deferential amount of Rs.1,00,22,262/- pursuant to the judgment dated 1st February, 2018 passed by learned Civil Judge (Senior Division), Nuapada in LAR No.93 of 2017 initiated under Section 18 of the Act is awaited. The written instruction of the Opposite Party No.3 vide Letter No.1554 dated 8th September, 2025 filed by Mr.
Biswal, learned Additional Standing Counsel is taken on record. 5. Considering the submissions made by the learned counsel for the parties, this Court without further delving into the matter, disposes of the writ petition with a direction that steps shall be taken by the Special Land Acquisition Officer & RRO, Khariar to get the order of sanction pursuant to the order passed in the application of the Petitioner under Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 09-Sep-2025 10:16:46 Signature Not Verified p. 3 section 28-A of the Act and to disburse the differential compensation along with other statutory dues by end of March, 2026. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra)
Judge
(Savitri Ratho) ms
Judge Designation: Senior Stenographer