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2025 DAILYLAW 97 (ORI)

AKSHYA KUMAR PADHAN @ AKSHAYA PRADHAN v. STATE OF ODISHA

WP(C)/30876/2025 · 2026-01-13

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.30876 OF 2025 Akshya Kumar Pradhan @ Akshaya Pradhan and others …. Petitioners Mr. Dhananjaya Mund, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. Siba Narayan Biswal, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 13.01.2026 02. 1. This matter is taken up through hybrid mode. 2. The Petitioners in this writ petition prays for a direction to the Opposite Parties to sanction and disburse the compensation amount in favour of the Petitioners pursuant to order dated 21st April, 2018, passed by learned Civil Judge (Senior Division), Dharamgarh in LAR No.30 of 2016, initiated under Section 18 of the Land Acquisition Act, 1984 (for brevity, ‘the Act’). 3. Mr. Mund, learned counsel for the Petitioners submits that being not satisfied with the award passed under Section 11 of the Act, the Petitioners filed an application to refer the matter to the Civil Court for enhancement of the land acquisition compensation. Accordingly, the matter was referred to the Court of learned Civil Judge (Senior Division), Dharamgarh and was registered as LAR No.30 of 2016. The said reference under Section 18 of the Act was disposed of vide order dated 21st April, 2018 (Annexure-1) enhancing the compensation. 4. Mr. Mund, learned counsel for the Petitioners further submits that although the order for enhancement of compensation was passed on 21st April, 2018, the Petitioners have not yet received the compensation in terms of the said order. Thus, finding no other alternative, the Petitioners have filed this writ petition for the aforesaid relief. 5. Taking into consideration the case of the Petitioners, this Court, vide order dated 18.11.2025, directed the learned State Counsel to take instruction with regard to the status of disbursal of compensation in favour of the Petitioner in terms of order passed in LAR No.30 of 2016. 6. Mr. Biswal, learned Additional Standing Counsel, on instruction, submits that the Zone Officer, Upper Indravati Irrigation Project, Kusumkhunti in the district of Kalahandi vide letter No.703/WE dtd. 22.11.2021 has sought for sanction of the Water Resources Department, Government of Odisha for disbursal of the compensation to the Petitioners in terms of order passed in LAR No.30 of 2016. The same is yet to be received. On receipt of order of sanction, the compensation along with statutory dues shall be paid to the Petitioners forthwith. 7. Taking into consideration the submissions made by the learned counsel for the parties and on perusal of records, this Court finds that the order enhancing the compensation was passed by the learned Civil Judge (Senior Division), Dharamgarh on 21st April, 2018 in LAR No.30 of 2016. Although seven years have already elapsed in the meantime, the compensation in terms of the aforesaid order has not been released in favour of the Petitioner along with the statutory dues. 8. It is submitted by Mr. Biswal, learned Additional Standing Counsel that the sanction is yet to be received from the Administrative Department for disbursal of the compensation along with statutory dues. 9. In view of the above, this Court directs the Additional Chief Secretary, Water Resources Department, Government of Odisha, Bhubaneswar (Opposite Party No.1) to accord sanction for disbursal of the compensation in terms of order dated 21st April, 2018, passed by the learned Civil Judge (Senior Division), Dharamgarh in LAR No.30 of 2016, as expeditiously as possible, preferably by end of January, 2026 and on receipt of such sanction order, compensation along with statutory dues shall be released in favour of the Petitioner on proper acknowledgement verifying the entitlement, as expeditiously as possible, preferably by end of April, 2026. 10. With the aforesaid observation and direction, the writ petition is disposed of accordingly. (K.R. Mohapatra) Judge (S.K. Mishra) Judge Kanhu Designation: Junior Stenographer Location: High Court of Orissa, Cuttack.