Goshibananda Naik vs Commissioner-Cum-Secretary To
2021 Latest Caselaw 6797 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    W.P.(C) No.18608 of 2021
             1. Goshibananda Naik
             2.Narmada Naik
              (L.Rr. Of Late Simanchal Naik)             ....          Petitioners
                                                       Mr. S.K. Joshi, Advocate
                                      -versus-
             Commissioner-cum-Secretary to
             Government, Department of Water
             Resources and Ors.                         .... Opposite Parties
                                                       Mr. T.K. Patnaik, A.S.C.
                         CORAM:
                         SHRI JUSTICE S. K. MISHRA
                         SHRI JUSTICE B. P. ROUTRAY
                                        ORDER

02.07.2021 Order No.

02. 1. This matter is taken up by video conferencing mode.

2. Heard Mr. S.K. Joshi, learned counsel for the Petitioners and Mr. T.K. Patnaik, learned Additional Standing Counsel.

3. Petitioners in this writ petition seek for a direction to opposite party Nos. 1 and 2 i.e. Commissioner-cum- Secretary to Government Water Resources Department, Bhubaneswar and Director (R&R), Department of Water Resources, Bhubaneswar to sanction and release the awarded amount in favour of the Petitioner for acquisition of land for construction of Ret Irrigation Project as per the judgment dated 6th March, 2017 passed by the learned Civil Judge (Sr.Divn.), Bhawanipatna, District-Kalahandi in L.A.R. Case No.223 of 2015 as well as the calculation sheet submitted by Opposite Party No.3.

4. Learned counsel for the Petitioner submitted that Petitioner has filed an application under Section 18 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.223 of 2015 and same was disposed of on 6th March, 2017 and higher compensation was awarded. Thereafter the opposite party No.3 submitted the calculation sheet to opposite party No.2 for sanction of the decreetal amount for payment of the same to the Petitioner. He further submitted that till date the amount has not been disbursed.

5. 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.3- Land Acquisition and Rehabilitation Officer, Ret Irrigation Project, Kalahandi shall take expeditious step for disbursement of the compensation amount by end of September, 2021, if there is no other impediment.

6. As the restrictions due to resurgence of COVID-19 are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by concerned counsel with seal, in the manner prescribed vide Court's Notice No.4587 dated 25th March, 2020 as modified by Court's Notice No.4798 dated 15th April, 2021.

(S. K. Mishra) Judge

( B.P. Routray) Judge M.K.Panda