WP(C)/302/2021
2021 Latest Caselaw 372 Ori

                                W.P.(C) NO.302 OF 2021




02.   11.01.2021             The matter is taken up through video
                   conferencing.
                             Heard, learned counsel for the petitioner
                   and learned Additional Government Advocate for
                   the State.
                             Petitioner in this Writ Petition seeks for a
                   direction to Opposite Party Nos.1 and 2 i.e.
                   Commissioner-cum-Secretary       to   Government    of
                   Odisha,       Water      Resources       Department,
                   Bhubaneswar and the Special Land Acquisition
                   Officer, Lower Indra Irrigation Project, Khariar,
                   Nuapada to sanction and release the awarded
                   amount in his favour for acquisition of land for
                   construction of Lower Indra Irrigation Project as per
                   the judgment dated       08.02.2018 passed by the
                   learned Civil Judge (S.D.) Nuapada in L.A.R. Case
                   No.39 of 2007 as well as the calculation-sheet made
                   under Annexure-2.
                             Learned counsel for the petitioner submits
                   that the petitioner has filed an application under
                   Section 28 of the L.A. Act for higher compensation
                   which was referred to Civil Court for adjudication.
                   The Civil Court registered it as L.A.R No. 39 of
                   2007. The same was disposed of on 08.02.2018 and
                          2




      higher     compensation        was awarded. Thereafter,
      the petitioner submitted the             calculation-sheet
      before the Opposite Party No.2 vide Annexure-2 for
      sanction of the decreetal amount for payment of the
      same to him. He further submitted that till date the
      amount has not been disbursed.
               In view of the above, we dispose of the writ
      petition with a direction to Opposite Party No.2 to
      sanction    the    amount      at   an   early   stage   and
      thereafter the Opposite Party No.2-Special Land
      Acquisition Officer, Lower Indra Irrigation Project,
      Khariar in the district of Nuapada shall take
      expeditious       step   for    disbursement       of    the
      compensation amount in favour of the petitioner, if
      there is no other impediment.
               The parties may utilize the soft copy of this
      order available in the High Court's website or
      printout thereof at par with the certified copies in
      the manner prescribed vide Court's Notice No.4587
      dated 25.03.2020.


                                          .............................
                                           C.R. Dash, J.

................................. S. K. Panigrahi, J. AKP