Orissa High Court
Naka Parabhoi vs State Of Odisha on 11 September, 2025
Bench: K.R. Mohapatra, Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No. 22395 of 2025
Naka Parabhoi .... Petitioner
Mr. Bijaya Kumar Behera -1, Advocate
-versus-
1. State of Odisha,
represented through the Principal
Secretary to Government,
Department of Water Resources,
Odisha, Bhubaneswar
2. The Director (R&R) and Ex-
Officio Additional Secretary to
Government,
Department of Water Resources,
Odisha, Bhubaneswar
3. The Special Land Acquisition
Officer-cum-RRO,
Lower Indra Irrigation Project,
Khariar. .... Opposite Parties
Mr. Swayambhu Mishra,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
11.09.2025 Order No.
02. 1. This matter is taken up through hybrid mode.
2. Petitioner in this writ petition prays for a direction to dispose of the application filed by him 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 pursuant to the judgment dated 12 th February, 2024 Page 1 of 3 passed by learned Civil Judge (Senior Division), Nuapada in LAR No.30 of 2019 of village Haripur, the Petitioner filed an application under Section 28-A of the Act before the Collector for redetermination of compensation for acquisition of his land. Although the sanction order in LAR No.30 of 2019 has already been received, due to inaction of the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar in disposing of his application, the Petitioner is not being extended with the benefit by re-determining the land acquisition compensation.
4. Taking into consideration the case of the Petitioner, this Court vide order dated 13th August, 2025 had directed learned State Counsel to take instruction in the matter.
5. Mr. Mishra, learned Additional Standing Counsel on instruction submits that sanction order has already been received in respect of the judgment passed in LAR No.30 of 2019 but due to pendency of large number of cases filed under Section 28-A of the Act, the Special Land Acquisition Officer is taking up those applications serially and will consider the case of the Petitioner in its turn. He, therefore, prays for a direction to dispose of the writ petition accordingly. The written instruction submitted by Mr. Mishra, learned Additional Standing Counsel is taken on record.
6. Taking note of the submission made by learned counsel for the parties, this Court feels that an early decision on the application of the Petitioner under Section 28-A of the Act should be taken.
7. In view of the above, this Court without delving into the merit of the case of the Petitioner in the application under Section Page 2 of 3 28-A of the Act, disposes of the writ petition with direction to the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar to dispose of the application filed under Section 28-A of the Act as expeditiously as possible, preferably by end of December, 2025. If the Petitioner is found eligible for redetermination of compensation in terms of the judgment passed in LAR No.30 of 2019, the benefit shall be released in favour of the Petitioner as expeditiously as possible, preferably by end of March, 2026.
8. The Petitioner is directed to cooperate with the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar for early disposal of the application filed under Section 28-A of the Act.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra) Judge (Savitri Ratho) Judge RKS Signature Not Verified Digitally Signed Signed by: RANJAN KUMAR SETHI Designation: AR-Cum-Sr. Secretary Reason: Authentication Location: ORISSA HIGH COURT Date: 12-Sep-2025 12:09:07 Page 3 of 3