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2025 DAILYLAW 7175 (ORI)

MANGAL SINGH JAGAT v. KAILASH CHANDRA DAS, ORS

CONTC/3119/2025 · 2026-08-07

K R Mohapatra, Miss Savitri Ratho

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No. 3119 OF 2025 CNR No. ODHC010458392025 Mangal Singh Jagat …. Petitioner Mr. Bijaya Kumar Behera-1, Advocate -versus- Kailash Chandra Das and others …. Opp. Parties Mr. Subha Bikash Panda, Additional Government Advocate CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO ORDER Order No. 07.08.2026 5. 1. This matter is taken up through hybrid mode. 2. This CONTC has been filed alleging non-compliance of the order dated 29th January, 2025 passed in W.P.(C) No.909 of 2025, wherein this Court directed that in the event the application of the Petitioner filed under Section 28-A of the Land Acquisition Act, 1894 (for brevity ‘the Act’) is allowed and if there is no legal impediment, the compensation amount should be disbursed in favour of the Petitioner within a period of two months from the date of allowing the application under Section 28-A of the Act. Since the order was not complied with, the Petitioner filed this CONTC. 3. This Court, vide order dated 10th July, 2026, directed the Special Land Acquisition Officer-cum-Resettlement & Rehabilitation Officer, Lower Indra Irrigation Project, Khariar, Nuapada, to file a compliance affidavit by today, i.e., Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Aug-2026 19:18:06 Signature Not Verified 7th August, 2026, serving a copy thereof on the learned counsel for the Petitioner. 4. Mr. Panda, learned Additional Government Advocate, reiterating the submission made by Mr. Swayambhu Mishra, learned Additional Standing Counsel on 10th July, 2026, submits that the sanction for the re-determined amount was accorded by the Administrative Department on 7th May, 2026. 4.1. Today, Mr. Panda, learned Additional Government Advocate, places on record a copy of Letter No. 1639 dated 6th August, 2026, issued by the Special Land Acquisition Officer-cum-Resettlement & Rehabilitation Officer, Lower Indra Irrigation Project, Khariar, to the office of the learned Advocate General. The said letter indicates that notices were issued to the Petitioner and others to appear with the requisite documents for verification and preparation of the CC Voucher vide Office Notice Nos. 676 dated 12th May, 2026 and 862 dated 22nd June, 2026, copies of which are enclosed to the said letter. 4.1 It is further indicated therein that the CC Voucher has not been prepared due to the absence of all the land losers in spite of issuance of the notices. It is also stated, inter alia, that payment shall be made on appearance of all the land losers and proper verification of the relevant documents in consonance with the sanction order. 5. It is submitted by Mr. Panda, learned Additional Government Advocate that one of the land losers was ill, for which he could not appear to receive the compensation. Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Aug-2026 19:18:06 Signature Not Verified 6. Mr. Behera, learned counsel for the Petitioner submits that he shall instruct the Petitioner to make all the land losers available on 24th August, 2026 along with the relevant documents, for verification and receipt of the compensation amount. 7. Accordingly, this CONTC is disposed of with a direction that, in the event the Petitioner along with the other land losers appears on the scheduled date with the relevant documents to receive the compensation, the same shall be disbursed forthwith on proper verification of the relevant documents and identification of the claimants as well as obtaining their acknowledgements of receipt. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (Savitri Ratho) ms Judge Designation: Senior Stenographer