Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.9626 of 2026
Duryodhan Behera …. 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. The grievance of the Petitioner in this writ petition is with regard to inaction of the Special Land Acquisition and RR Officer, Lower Indra Irrigation Project, Khariar in disposing of the application filed by the Petitioner under Section 28-A of the Land Acquisition Act, 1984 (for brevity, ‘the Act’). 3. This Court taking note of the grievance of the Petitioner vide order dated 07.04.2026, directed learned State Counsel to take instruction with regard to current status of the application filed by the Petitioner under Section 28-A of the Act. 4. Mr. Biswal, learned Additional Standing Counsel, on receiving instruction vide letter No.1026 dated 08.05.2026 from the Spl. L.A. & R.R.O., Lower Indra Irrigation Project, Khariar submits that sanctioned for release of differential re-determined amount in the case of L.A.R. No.07 of 2021 basing upon which the Petitioner has filed the application under Section 28-A of the Act has already been received from the Water Resources Department, Government of Odisha vide order No.4675/WR dated 13.02.2026. Hence, he prays for six months time to dispose
of the application filed by the petitioner under Section 28-A of the Act within six months on merit. 5. Since the Petitioner has raised a claim for re-determination of the compensation in terms of the judgment dated 09.07.2025 passed by learned Civil Judge (Senior Division), Nuapada in LA.R. No.07 of 2021 in a reference under Section 18 of the Act and the Administrative Department has already accorded sanction to the re-determined amount, this Court directs that the Special Land Acquisition and RR Officer, Lower Indra Irrigation Project, Khariar shall do well to consider and dispose of the application filed by the Petitioner under Section 28-A of the Act on merit and a decision in the application under Section 28-A of the Act shall be taken as expeditiously as possible preferably by end of October, 2026. 6. If the Petitioner is found eligible for re-determination of the compensation, then the differential amount along with other statutory dues be sanctioned and released in favour of the Petitioner by end of December, 2026 on proper verification of his entitlement and acknowledgment. 7. Urgent certified copy of this order be granted on proper application as per rules. (K.R. Mohapatra)
Judge
(S.K. Mishra)
Judge Banita Designation: SR.
STENOGRAPHER