Orissa High Court
Bidyadhar Chinda vs State Of Odisha And Others .... Opposite ... on 4 August, 2025
Bench: K.R. Mohapatra, Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.17250 of 2025
Bidyadhar Chinda .... Petitioner
Mr.Bijaya Kumar Behera-1, Advocate
-versus-
State of Odisha and Others .... Opposite Parties
Mr.Sibanarayan Biswal,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
04.08.2025
Order No.
02. 1. This matter is taken up through hybrid mode.
2. The grievance of the Petitioner, in this writ application, is
with regard to inaction of the Special Land Acquisition Officer &
RRO, Lower Indra Irrigation Project, Khariar (Opposite Party
No.3) in disposing of his application filed under section 28-A of the
Land Acquisition Act, 1894 (for brevity, 'the Act').
3. It is submitted by Mr. Behera, learned counsel for the
Petitioner that LAR No.249 of 2017 of village Rajana in the District
of Nuapada referred under section 18 of the Act was disposed of
vide judgment dated 17th May, 2022 enhancing the compensation.
Since the land of the Petitioner was acquired under the same
Notification No.15266 dated 26.03.2001 published under section
4(1) of the Act, the Petitioner filed an application under section 28-
A of the Act for redetermination of compensation for acquisition of
his land in terms of the judgment passed in LAR No.249 of 2017.
But, the said application was not disposed of within a reasonable
time for which the Petitioner has approached this Court in the
present writ petition.
Considering the grievance of the Petitioner, this Court vide
Order dated 03.07.2025 directed learned State Counsel to take
instruction with regard to current status of the petition filed by the
Petitioner under section 28-A of the Act.
4. Upon receiving written instruction from the Opposite Party
No.3, Mr. Biswal, learned Additional Standing Counsel submits
that Government in the Department of Water Resources, Odisha,
Bhubaneswar have been moved by the Opposite Party No.3 for
sanction of the decreetal dues in LAR No.249 of 2017 vide Office
Letter No. 1245 dated 01.08.2025 and notice has been issued to the
Petitioner to appear for disposal of the application under section 28-
A of the Act. The Opposite Party No.3 is making a sincere
endeavour for early disposal of the application under section 28-A
of the Act. The written instruction of the Opposite Party No.3 vide
Letter No.1245 dated 01.08.2025 filed by Mr. Biswal, learned
Additional Standing Counsel is taken on record.
5. Considering the submissions made by the learned counsel for
the parties and that the Special Land Acquisition Officer & R.R.O.,
Lower Indra Irrigation Project, Khariar has sought for six months
for disposal of the application under section 28-A of the Act, this
Court without delving into the merit of the case of the Petitioner in
the application filed under section 28-A of the Act, disposes of the
writ petition with a direction that steps shall be taken by the Special
Land Acquisition Officer & RRO, Khariar to dispose of the
application filed by the Petitioner under section 28-A of the Act as
expeditiously as possible, preferably by end of November, 2025
and the decision thereof be communicated to the Petitioner
forthwith. The Opposite Party No.3 may also move the
Government for early sanction of the deceetal amount in LAR
No.249 of 2017. If it is held that the Petitioner is entitled to
compensation in terms of LAR No.249 of 2017, then steps shall be
taken to disburse the differential compensation along with other
statutory dues by end of January, 2026.
6. Issue urgent certified copy of this order on proper
application.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
Judge
Himansu
Signed by: HIMANSU SEKHAR DASH
