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2026 DAILYLAW 18366 (ORI)

MAKUNDA SAGARIA v. STATE OF ODISHA

WP(C)/7444/2026 · 2026-05-18

K R Mohapatra, Sanjay Kumar Mishra

Writ Petition (Civil)body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.7444 of 2026 Makunda Sagaria …. Petitioner Mr. Bijaya Kumar Behera-1, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. Bibekananda Nayak, Additional Government Advocate CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 18.05.2026 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 Special Land Acquisition & RR Officer, Lower Indra Irrigation Project, Khariar in disposing of the application of the Petitioner 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 in terms of the judgment dated 14.03.2024 passed by the learned Civil Judge (Sr. Division), Nuapada in L.A.R. No.16 of 2021, the Petitioner has filed an application under Section 28-A of the Act on 28th June, 2024, which is still pending with the Special Land Acquisition & RR Officer, Lower Indra Irrigation Project, Khariar. 3.1. Taking note of the submission made by learned Counsel for the Petitioner, this Court vide order dated 26th March, 2026, directed the learned State Counsel to take instruction with regard to the current status of the application under Section 28-A of the Act. 4. Mr. Nayak, learned Additional Government Advocate, on instruction, submits that a large number of applications under the same provision are pending before the Special Land Acquisition & RR Officer, Lower Indra Irrigation Project, Khariar. Hence, Special Land Acquisition & RR Officer, Lower Indra Irrigation Project, Khariar has sought for six months’ time for disposal of the application under Section 28-A of the Act. 5. Upon hearing learned Counsel for the Petitioner and on perusal of the record, this Court finds that the land of the Petitioner has been acquired and he has filed an application under Section 28-A of the Act for re-determination of compensation in terms of the judgment dated 14th March, 2024 passed by the learned Civil Judge (Senior Division), Nuapada in L.A.R. No.16 of 2021. 6. Since the Petitioner has lost a valuable piece of land and is waiting for re-determination of compensation since 28th June, 2024, this Court, without expressing any opinion on the merit of the case of the Petitioner in the petition under Section 28-A of the Act, disposes of the writ petition with a direction to the Special Land Acquisition & RR Officer, Lower Indra Irrigation Project, Khariar to take a decision on the application of the Petitioner filed under Section 28-A of the Act, as expeditiously as possible, preferably by end of October, 2026. 7. If the Petitioner is found eligible for re-determination of the compensation, then the differential amount along with statutory dues shall be sanctioned and released in his favour, as expeditiously as possible, preferably by end of December, 2026 on verification of his entitlement and on proper identification. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (S.K. Mishra) Judge Banita Designation: SR. STENOGRAPHER