Sachidananda Patel And Others vs State Of Odisha And Others ..... ...
2024 Latest Caselaw 3947 Ori

Orissa High Court

Sachidananda Patel And Others vs State Of Odisha And Others ..... ... on 1 March, 2024

Bench: B.R. Sarangi, G.Satapathy

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No.2582 of 2024

Sachidananda Patel and others          .....                                Petitioners
                                                             Mr. J. Panda, Advocate
                                       Vs.
State of Odisha and others             .....                          Opposite parties
                                                            Mr. B.P. Mohanty, AGA

              CORAM:
                 DR. JUSTICE B.R. SARANGI
                 MR. JUSTICE G.SATAPATHY
                                              ORDER

01.03.2024

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, i.e., Secretary to Government, Water Resources Department, Bhubaneswar and Director (R&R)-cum-Addl. Secretary, Department of Water Resources, Bhubaneswar 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 28.07.2017 passed by the learned Civil Judge (Sr.Divn.), Dharmgarh in MJC No.168 of 2006, 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 MJC No.168 of 2006 and same was disposed of on 28.07.2017 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. 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 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-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 May, 2024, if there is no other impediment.

Issue urgent certified copy as per rules.

(DR. B.R. SARANGI) JUDGE

(G.SATAPATHY) Priyajit JUDGE

Location: HIGH COURT OF ORISSA