Orissa High Court
Chittaranjan Panda vs State Of Odisha And Others .... Opp. ... on 4 August, 2025
Bench: K.R. Mohapatra, Savitri Ratho
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: JUNIOR STENOGRAPHER
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 05-Aug-2025 12:13:45
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). NO.15366 OF 2017
Chittaranjan Panda .... Petitioner
Mr. Santanu Kumar Sarangi, Senior Advocate
being assisted by Mr. T.Sahoo, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Sabita Ranjan Pattnaik,
Additional Government Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 04.08.2025
24. 1. This matter is taken up through hybrid mode.
2. This matter is listed in the Special Cause List prepared for
the purpose of Special Mediation Drive-Mediation 'For the Nation'.
3. Mr. Pattnaik, learned Additional Government Advocate
places on record the written instruction imparted by Additional
Secretary to Government in the Department of Revenue and
Disaster Management Department, Government of Odisha vide
Letter No.30136 dated 4th September, 2024. He refers to the note
sheet of the Law Department dated 22nd August, 2024 of
Government of Odisha, with whom the proposal of withdrawal of
the notification was pending. The Second ALR-cum-Additional
Secretary to Government of Odisha, Law Department opined as
under:
" The A/D has endorsed the file to this Department seeking
views in the matter of withdrawal of land measuring an area
Ac.1.525 decimal out of the total notified area of Ac.23.882
decimal in Mouza-Basuaghai, PS-Bhubaneswar No.81, Tahasil-
Bhubaneswar, District-Khurda from the purview of acquisition for
the Sewerage Project of Bhubaneswar city.
Preliminary notification for acquisition of the land in
question was published in the year, 2009 under Section 4-A of the
Land Acquisition Act, 1894. Section 48 of the Act, 1894 provides
Designation: JUNIOR STENOGRAPHER
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 05-Aug-2025 12:13:45
that the Government shall be at liberty to withdraw from the
acquisition of any land of which possession has not been taken.
The new Act i.e. Right to Fair Compensation and transparency in
Land Acquisition, Rehabilitation & Resettlement Act came into
force in the year, 2013. The corresponding provision for
withdrawal is Section 93 of the Act, 2013, which provides that
Government shall be at liberty to withdraw from the acquisition of
any land of which possession has not been taken.
So, the pre-requisition for withdrawal of compensation is
that possession of the land should not have been taken. In the case
of Indore Development Authority Vrs.Manoharlal & others,
Hon'ble Apex Court held that "Once possession has been taken by
drawing a Panchanama, the State is deemed to be in possession of
the entire area and not for a part. There is absolutely vesting in
Government with possession and control free from all
encumbrances as specifically provided in Section 16 of the Act of
1894" Hon'ble Apex Court further held that "The drawing of
Panchanama contemporaneously is sufficient and it is not open to
a Court to determine the factum of possession within the purview
of Order XXVII, Rule 9 CPC" Accordingly, Hon'ble Court held
that "In our opinion under the Act of 1894 when possession is
taken after award is passed under Section 16 or Section 17 before
the passing of the award, land absolutely vests in the State on
drawing of Panchanama of taking possession, which is the mode of
taking possession" (Judgment dt06.03.2020 passed by the Hon'ble
Constitution Bench of Hon'ble Supreme Court of India in SLP
Nos.9036-9038 of 2016 in the case of Indore Development
Authority Vrs. Manoharlal & others etc.).
To ascertain as to whether the land in question was taken
over into possession after acquisition or not, the A/D was
requested to furnish the entire land acquisition file starting from
the preliminary notification. The A/D has re-submitted the file
furnishing true copy of the entire land acquisition file.
Perused the above file and documents as well as land
acquisition records including the note sheets. At Page-7 of the note
sheet of the land acquisition file submitted, it reveals that on
dt.03.11.2011, an, order was passed for handing over possession
of the land to Sewerage Board, Bhubaneswar. This order was
passed after notice under Section 12(2) of the Land Acquisition
Act, 1894 was issued vide order dt.09.11.2010. Order
dt.03.11.2011 says that "Possession of the land to the extent of
Ac.23.882 decimal was handed over to Sewerage Board,
Bhubaneswar under provision 16 of L.A. Act."
In view of the above position of law, possession of the land
being handed over to the Sewerage Board, Bhubaneswar, there is
absolutely vesting of the land in Government (Sewerage Board,
Bhubaneswar) with possession and control free from all
encumbrances. Even, after the possession was handed over, steps
have been taken for rectification of the Record of Right in the name
of Sewerage Board and in fact, Record of Right has been created
in favour of the Sewerage Board. Abatement of Government
Designation: JUNIOR STENOGRAPHER
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 05-Aug-2025 12:13:45
revenue in respect of the acquired land measuring Ac.23.882
decimal (including the land in question) required for the integrated
sewerage project of Bhubaneswar was sanctioned w.e.f.
03.11.2011 i.e. the date of handing over possession, vide order
No.121 dt.12.05.2015.
In view of the above position of law, when the land in
question has already been vested with the requisitioning body, the
land measuring an area Ac.1.525 decimal out of the total notified
area of Ac 23.882 decimal in Mouza-Basuaghai, PS-Bhubaneswar
No.81, Tahasil-Bhubaneswar, District-Khurda cannot be
withdrawn from the purview of acquisition for the Sewerage
Project of Bhubaneswar city.
The A/D is advised accordingly."
4. In view of such opinion of the Law Department,
Government of Odisha, it is submitted by Mr. Pattnaik, learned
Additional Government Advocate that the matter should be heard
on merit.
5. Mr. Sarangi, learned Senior Advocate appearing for the
Petitioner submits that a date may be fixed for final disposal of the
writ petition.
6. Accordingly, this matter stands adjourned to be listed on 25th
September, 2025, on which date, an endeavour shall be made for
final disposal of the writ petition.
7. Interim order dated 1st August, 2017 passed in Misc. Case
No.14105 of 2017 shall continue till the next date.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
Rojalin Judge
