Gagan Pujhari & Others vs State Of Odisha & Others
2023 Latest Caselaw 5810 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.P.(C) No.17775 of 2022

Gagan Pujhari & Others                    .....                                       Petitioners
                                                                     Mr. J. N. Panda, Advocate
                                          Vs.
State of Odisha & Others                  .....                                         Opposite Parties
                                                                                        State Counsel
             CORAM:
                DR. JUSTICE B.R. SARANGI
                MR. JUSTICE M.S.RAMAN

                                                 ORDER

11.05.2023 Order No. This matter is taken up through hybrid mode.

01.

2. Heard learned counsel for the petitioners and learned Addl. Government Advocate for the State.

3. Petitioners in this writ petition seek for a direction to Opposite Party Nos. 1 and 2 to sanction and release the awarded amount in favour of the petitioners for acquisition of land for construction of Upper Indravati Irrigation Project as per the judgment dated 13.01.2015 passed by the learned Civil Judge (Sr.Divn.), Dharmgarh in L.A.R. MJC. No. 122 of 2009, within a stipulated time.

4. Learned counsel for the petitioners submitted that petitioners have 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. MJC. No. 122 of 2009 and same was disposed of on 13.01.2015 and higher compensation was awarded. However no action has been taken as yet for sanction and disbursement of the compensation amount. He further

submitted that a similar writ petition bearing W.P.(C) No. 31649 of 2020 has been disposed of on 26.11.2020 directing opposite party No.1 to sanction the amount at an early stage and to take expeditious step for disbursement of the compensation amount. He also submitted that the present writ petition may be disposed of in terms of the order passed in that writ petition. Learned Addl. Government Advocate has also no objection to the aforesaid submission made by learned counsel for the petitioners.

5. In view of the above, we dispose of the writ petition with a direction to Opposite Party No.1 to sanction the amount at an early stage and thereafter the opposite party No.3- Special Land Acquisition Officer, Upper Indravati Irrigation Project, Kusumkhunti in the district of Kalahandi shall take expeditious step for disbursement of the compensation amount by end of June, 2023, if there is no other impediment.

Issue urgent certified copy as per rules.

(DR. B.R. SARANGI) JUDGE

LAXMIKANT Digitally signed by LAXMIKANT MOHAPATRA (M.S. RAMAN) MOHAPATRA Date: 2023.05.11 17:30:51 +05'30'

JUDGE Laxmikant