Mohan Harijan vs State Of Odisha & Others
2023 Latest Caselaw 6326 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           W.P.(C) No.16091 of 2023

Mohan Harijan                             .....                              Petitioner
                                                        Mr. M.K. Mohapatra, Advocate
                                          Vs.
State of Odisha & Others                  .....                               Opposite Parties
                                                                              State Counsel
             CORAM:
                DR. JUSTICE B.R. SARANGI
                MR. JUSTICE M.S.RAMAN
                                                 ORDER

17.05.2023 Order No. This matter is taken up through hybrid mode.

01.

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

3. Petitioner in this writ petition seek for a direction to opposite party Nos. 1 and 2 i.e. Principal Secretary to Government Water Resources Department, Bhubaneswar and Director (R&R)-cum-Additional Secretary, Department of Water Resources, Bhubaneswar to sanction and release the awarded amount in favour of the petitioner for acquisition of land for construction of Upper Indravati Irrigation Project as per the judgment dated 7.3.2017 passed by the learned Civil Judge (Sr. Divn), Bhawanipatna in L.A.R No. 192 of 2016, within a stipulated time.

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. 192 of 2016 and same was disposed of on

7.3.2017 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. 27531 of 2020 has been disposed of on 20.10.2020 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 petitioner.

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- The Special Land Acquisition Officer, Upper Indravati Irrigation Project, Kalahandi shall take expeditious step for disbursement of the compensation amount by end of July, 2023, if there is no other impediment.

Issue urgent certified copy as per rules.

(DR. B.R. SARANGI) JUDGE

(M.S. RAMAN) JUDGE Aks

Signature Not Verified Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: PA (SECY-IN-CHARGE) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 17-May-2023 17:37:14