Citation : 2025 Latest Caselaw 5542 Ori
Judgement Date : 18 August, 2025
Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 19-Aug-2025 10:34:17
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 30113 OF 2023
Arjun Mohan Sahu @ Nayak and .... Petitioners
others
Ms. Saswati Mohapatra, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Siba Narayan Biswal,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 18.08.2025
8. 1. This matter is taken up through hybrid mode.
2. The Petitioners in this writ petition pray for a direction to release the compensation amount in terms of the order passed in F.A. No.145 of 2001 filed by the predecessor of the Petitioners under Section 54 of the Land Acquisition Act, 1894 (for brevity 'the Act') with @18% interest per annum within a stipulated period.
3. It is submitted by Ms. Mohapatra, learned counsel that the predecessor of the Petitioners, namely, Paramananda Sahu @ Parama Sahu had filed an application for enhancement of the compensation, awarded under Section 11 of the Act. Accordingly, the matter was referred to learned Civil Judge (Senior Division), Deogarh and was registered as L.A. Misc. Case No.31 of 1993 under Section 18 of the Act. Vide judgment dated 1st February,
Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack Date: 19-Aug-2025 10:34:17
1995, the compensation was enhanced. Being not satisfied with the said award, said Paramananda Sahu @ Parama Sahu preferred F.A. No.145 of 2001 before this Court under Section 54 of the Act. The said appeal was disposed of in Lok Adalat spirit on 17th December, 2010 with the following direction:
"Accordingly, this appeal is disposed of in Lok Adalat spirit by fixing the compensation at Rs.18,000/- (Rupees Eighteen thousand) per acre. The trial court is directed to calculate the compensation. The total compensation amount calculated by the trial court be deposited by the respondent before the trial Court within three months from the date of such calculation."
Accordingly, amount of compensation was calculated at Rs.8,482/- by learned Civil Judge (Senior Division), Deogarh. The said amount has not yet been paid to the Petitioners along with statutory dues. Finding no other alternative, the legal heirs of the land owner filed this writ petition for the aforesaid relief.
4. Mr. Biswal, learned Additional Standing Counsel submits that upon receipt of the information from the Court of learned Civil Judge (Senior Division), Deogarh, the matter was referred to Director, (R & R)-cum-Ex-Officio, Special Secretary, Water Resources Department, Government of Odisha to sanction the amount to be released in favour of the present Petitioners. The said sanction order has not been received although the sanction was sought for in the year, 2022.
5. In the facts and circumstances of the case, no purpose would be served by keeping this writ petition pending before this Court.
Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack Date: 19-Aug-2025 10:34:17
6. Accordingly, It is directed that the Director, (R & R)-cum- Ex-Officio, Special Secretary, Water Resources Department, Government of Odisha shall take steps to sanction the amount as calculated by learned Civil Judge (Senior Division), Deogarh pursuant to the order dated 17th December, 2010 passed in F.A. No.145 of 2001 as expeditiously as possible preferably within a period of three months hence and issue necessary direction to the Land Acquisition Officer, Barkote, Deogarh to release the amount in favour of the Petitioners forthwith.
7. The writ petition is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
ms Judge
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