Orissa High Court
Bhagirathi 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.14534 of 2025
Bhagirathi 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 22nd June, 2022 passed by the learned
Senior Civil Judge, Nuapada in LAR Case No.25 of 2005 (in a
reference under Section 18 of the Act) in respect of village Kotamal
under Boden Tahasil in the district of Nuapada, the Petitioner filed
an application under Section 28-A of the Act on 15th July, 2022 for
Date: 08-Aug-2025 18:36:48higher 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 ₹16,12,735.00 along with statutory dues under
Section 28-A of the Act. Although the said order was passed on 28th
March, 2025 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 23rd 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.20823 dated 29th July, 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
Party No.2, this Court feels that there is no difficulty in disbursing
Reason: Authentication the awarded amount along with the statutory dues in favour of the
Date: 08-Aug-2025 18:36:48Petitioner 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
