Orissa High Court
Kusha Majhi vs State Of Odisha And Others .... Opposite ... on 6 August, 2025
Bench: K.R. Mohapatra, Savitri Ratho
Signature Not Verified
Digitally Signed
Signed by: RANJAN KUMAR SETHI
Reason: Authentication IN THE HIGH COURT OF ORISSA AT CUTTACK
Location: ORISSA HIGH COURT
Date: 08-Aug-2025 18:36:48
WP(C) No.11396 of 2025
Kusha Majhi .... Petitioner
Mr. Bijaya Kumar Behera-1, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Sabita Ranjan Pattanaik,
Additional Government Advocate
&
Mr. Sibanarayan Biswal,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
06.08.2025
Order No.
03. 1. This matter is taken up through hybrid mode.
2. Grievance of the Petitioner in this writ petition is with
regard to inaction of the Director (R&R) and Ex-Officio Additional
Secretary to Government, Department of Water Resources, Odisha,
Bhubaneswar (Opposite Party No.2) in sanctioning and releasing the
awarded amount under Section 28-A of the Land Acquisition Act,
1894 (for brevity 'the Act') to be disbursed in favour of the
Petitioner.
3. Mr. Behera, learned counsel for the Petitioner submits that
in terms of the judgment dated 14th September, 2023 passed by the
learned Senior Civil Judge, Nuapada in LAR Case No.8 of 2017 (in
a reference under Section 18 of the Act) in respect of village
Kalimati under Komna Tahasil in the district of Nuapada, the
Petitioner filed an application under Section 28-A of the Act on 20th
Date: 08-Aug-2025 18:36:48November, 2023 for higher compensation as the land of the
Petitioner was also acquired under the self-same Notification No.
23409 dated 16.05.2001 under Section 4(1) of the Act as that in the
reference.
4. Considering the case of the Petitioner, the Special Land
Acquisition Officer-Cum-RRO, Lower Indra Irrigation Project,
Khariar (Opposite Party No.3) directed that the Petitioner is entitled
to an amount of ₹11,97,963.00 along with statutory dues under
Section 28-A of the Act. Although the said order was passed on 18th
December, 2024 but till date, the Petitioner has not received the
awarded amount on the plea that the matter is pending with the
Director (R&R) and Ex-Officio Additional Secretary to
Government, Department of Water Resources, Odisha, Bhubaneswar
(Opposite Party No.2) awaiting sanction. Thus being aggrieved, the
writ petition has been filed seeking aforesaid relief.
5. Taking into consideration the contention of the Petitioner
this Court vide order dated 2nd May, 2025 directed learned State
Counsel to take instruction in the matter. On instruction Mr.
Pattanayak, learned Additional Government Advocate submits that
the Director (R&R) & Ex-Officio Additional Secretary to
Government has already sanctioned the awarded amount vide
sanction order No.15948 dated 11th June, 2025. Hence, the awarded
amount shall be released in favour of the Petitioner within a short
period.
6. In view of the submissions made by the learned counsel for
the parties, more particularly the instruction imparted by Opposite
Reason: Authentication Party No.2, this Court feels that there is no difficulty in disbursing
Date: 08-Aug-2025 18:36:48the awarded amount along with the statutory dues in favour of the
Petitioner at the earliest.
7. Accordingly, the writ petition is disposed of with a
direction to the Special Land Acquisition Officer-cum-RRO, Lower
Indra Irrigation Project, Khariar (Opposite Party No.3) to release the
awarded amount along with the statutory dues in favour of the
Petitioner as expeditiously as possible preferably, within a period of
four weeks from the date of production of certified copy of this order
observing the formalities.
Urgent certified copy of the order shall be granted as per
Rules.
(K.R.Mohapatra)
Judge
(Savitri Ratho)
Judge
RKS
