Gagane Harijan And vs State Of Odisha
2024 Latest Caselaw 16629 Ori

Orissa High Court

Gagane Harijan And vs State Of Odisha on 13 November, 2024

Bench: S.K. Sahoo, Chittaranjan Dash

  IN THE HIGH COURT OF ORISSA AT CUTTACK

            W.P.(C) No.27263 of 2024

Gagane Harijan and       .....      Petitioners
others

                                  Mr. A. Pattjoshi,
                                  Advocate

                       -versus-
1. State of Odisha
2. The Director
(R&R)-cum-
Additional
Secretary,
Department of
Water Resources,
Bhubaneswar
3. The Special Land
Acquisition Officer,
Upper Indravati
Irrigation Project,
Kusumkhunti,
Kalahandi
4. The Zone Officer,
L.A. (I), Upper
Indravati Irrigation     .....    Opp. Parties
Project, Kalahandi
                                  Mr. P.S. Nayak,
                                  Addl. Govt. Advocate

                       CORAM:
     THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH



                                                  Page 1 of 3
                                     ORDER

Order No.                         13.11.2024
  01.            This    matter    is   taken   up     through    Hybrid

arrangement (video conferencing/physical mode).

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

Petitioners in this writ petition seeks for a direction to opposite parties to sanction and release the awarded amount in favour of the petitioners for acquisition of land for construction of canal under Upper Indravati Irrigation Project as per the judgment dated 20.02.2018 passed by the learned Civil Judge (Sr. Divn.), Dharamgarh in L.A.R. No.22 of 2016, within a stipulated time.

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. No.22 of 2016 and same was disposed of on 20.02.2018 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.16271 of 2024 has been disposed of on 20.08.2024 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 counsel further submitted that the petitioners have not filed any appeal in the meantime.

Learned Addl. Government Advocate has also no objection to the aforesaid submission made by learned counsel for the petitioners.

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 February, 2025, if there is no other impediment.

Issue urgent certified copy as per rules.

( S.K. Sahoo) Judge

(Chittaranjan Dash) Judge RKM/Rajesh

Signed by: RABINDRA KUMAR MISHRA

Location: HIGH COURT OF ORISSA, CUTTACK Date: 14-Nov-2024 14:19:25