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2025 DAILYLAW 3652 (ORI)

MIHIR RANJAN PATTJOSHI v. STATE OF ODISHA

WP(C)/34649/2025 · 2026-02-02

K R Mohapatra, Sanjay Kumar Mishra

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.34649 OF 2025 Mihir Ranjan Pattjoshi …. Petitioner Mr. Gopal Chandra Das, Advocate -versus- State of Odisha & ors. … Opposite Parties Mr. Swayambhu Mishra, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 02.02.2026 02. 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 Opposite Parties in disbursing the compensation amount in terms of judgment dated 20.07.2016 passed by the learned Civil Judge (Senior Division), Dharamgarh in M.J.C No.106 of 2006. 3. Mr. Das, learned Counsel for the Petitioner submits that the Petitioner being not satisfied with the award passed under section 11 of the Land Acquisition Act, 1894 (for brevity the Act) submitted an application to the Special Land Acquisition Officer, Upper Indravati Irrigation Project, Kusumkhunti in the district of Kalahandi for enhancement of compensation. p. 2 4. The said application was referred to learned Civil Judge (Senior Division), Dharamgarh under section 18 of the Act and was registered as M.J.C No.106 of 2006. The reference under section 18 of the Act was disposed of vide judgment dated 20.07.2016. Since then the Petitioner has not been paid the enhanced differential amount along with statutory dues. Since the Petitioner is deprived of his legitimate dues, he has filed this writ petition for the aforesaid relief. 5. The matter was listed on 23.12.2025, on which date this Court directed learned State Counsel to take detailed instruction in the matter. 6. On instruction, Mr. Mishra, learned Additional Standing Counsel submits that the Special Land Acquisition Officer, Upper Indravati Irrigation Project, Kusumkhunti in the district of Kalahandi requested for three months’ time for sanction and disbursal of the compensation amount in terms of judgment passed in M.J.C No.106 of 2006. 7. Upon hearing, learned Counsel for the Petitioner and on perusal of the record, this Court finds that the Petitioner has lost his valuable property for the Upper Indravati Irrigation Project. On his application, a reference was made to the learned Civil Judge (Senior Division), Dharamgarh under section 18 of the Act and was registered as M.J.C No.106 of 2006. The judgment in the said reference was pronounced on 20.07.2016. In the meantime, almost ten years have already elapsed. The Petitioner is yet to receive the enhanced compensation amount along with the statutory dues. p. 3 8. It is not known when the Special Land Acquisition Officer, Upper Indravati Irrigation Project submitted the proposal for sanction of the enhanced amount to be disbursed in the favour of the Petitioner along with the statutory dues. 9. In the facts and circumstances of the case, this Court directs the Director, R & R and Additional Chief Secretary, Water Resources Department to accord sanction to the proposal submitted by the Special Land Acquisition Officer, Upper Indravati Irrigation Project, Kusumkhunti for disbursal of the enhanced amount along with statutory dues in terms of the judgment in M.J.C No.106 of 2006 passed by the learned Civil Judge (Senior Division), Dharamgarh by end of March, 2026, if there is no legal impediment. 10. On receipt of the sanction, the enhanced compensation shall be paid to the Petitioner as expeditiously as possible preferably by end of May, 2026 on proper verification of entitlement and acknowledgment. 11. The writ petition is accordingly disposed of. (K.R. Mohapatra) Judge (S.K. Mishra) Banita Judge Designation: SR. STENOGRAPHER