Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 74155 (ORI)

LANKESWARI MAJHI v. STATE OF ODISHA

WP(C)/22642/2025 · 2025-11-11

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 W.P.(C) No. 22642 OF 2025 Lankeswari Majhi …. Petitioner Mr. Gopal Chandra Das, Advocate -versus- State of Odisha and Others …. Opp. Parties Mr. S.N. Biswal, ASC CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO ORDER Order No. 11.11.2025 2. 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 & R.R.O., Lower Indra Irrigation Project, Khariar (Opposite Party No.3) in disposing of his application filed under section 28-A of the Land Acquisition Act, 1894 (for brevity, ‘the Act’). 3. It is submitted by Mr. Das, learned counsel for the Petitioner that LAR No.18 of 2021 of village Pendraban in the District of Nuapada referred under section 18 of the Act was disposed of vide judgment dated 27th February, 2024 enhancing the compensation. Since the land of the Petitioner was acquired under the same Notification No.24553 dated 22nd May, 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 in LAR No. 18 of 2021. But, the said application was not disposed of within a reasonable time for which the Petitioner has approached this Court in the present writ petition. Considering the grievance of the Petitioner, this Court vide Order dated 20th September, 2025 directed learned State Counsel to take instruction with regard to current status of the petition filed by the Petitioner under section 28-A of the Act. 4. Mr. S.N. Biswal, learned Additional Standing Counsel, on receiving written instruction from the Opposite Party No.3, submits that the Government in the Department of Water Resources, Odisha, Bhubaneswar, has communicated the sanction order in connection with the judgment in LAR No. 18 of 2021 vide order No.10205/WR dated 17th April, 2025. Hence, the Special Land Acquisition Officer & RRO, Lower Indra Irrigation Project, Khariar vide his Letter No.1671 dated 19th November, 2025 stated that in the instant LAR case, the case of the Petitioner has been taken up and notice has been issued for hearing. The written instruction of the Opposite Party No.3 vide Letter No. 1671 dated 19th November, 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 finds that sanction order in connection with LAR No. 18 of 2021 has already been received by Opposite Party No.3. Hence, this Court without expressing any opinion on the merit of the case of the Petitioner in the application under section 28-A of the Act, disposes of the writ petition with a direction that the petition under section 28-A of the Act, filed by the Petitioner shall be disposed of in accordance with law, as expeditiously as possible, preferably by end of January, 2026 and decision thereof be communicated to the Petitioner forthwith. If the Petitioner is found to be entitled to the enhanced compensation in terms of judgment passed in LAR No. 18 of 2021, then the differential amount along with other statutory dues shall be released in favour of the Petitioner, as expeditiously as possible, preferably by end of May, 2026. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (Savitri Ratho) puspa Judge Designation: Personal Assistant