Orissa High Court
Pankaj Patel vs State Of Odisha And Others .... Opp. ... on 19 August, 2025
Bench: K.R. Mohapatra, Savitri Ratho
Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 20-Aug-2025 10:22:58
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 14465 OF 2025
Pankaj Patel .... Petitioner
Mr. Gopal Chandra Das, Advocate
on behalf of Mr. Dhananjaya Mund, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Manmaya Kumar Dash,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 19.08.2025
2. 1. This matter is taken up through hybrid mode.
2. The grievance of the Petitioner, in this writ petition, 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. Das, learned counsel being
authorized by Mr. Mund, learned counsel for the Petitioner that
LAR No.29 of 2017 of village Padelbahali in the District of
Nuapada referred under section 18 of the Act was disposed of
vide judgment dated 26th February, 2024 enhancing the
compensation. Since the land of the Petitioner was acquired
under the same Notification No.55465 dated 23rd November,
2000 under section 4(1) of the Act, the Petitioner filed an
Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack
Date: 20-Aug-2025 10:22:58
application issued under section 28-A of the Act for
redetermination of compensation for acquisition of his land in
terms of judgment in LAR No.29 of 2017. 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 22nd July, 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. Mr. Dash, learned Additional Standing Counsel, on
receiving written instruction from the Opposite Party No.3,
submits that the Government in the Department of Water
Resources, Odisha, Bhubaneswar, has communicated the
sanction order in connection with the judgment in LAR No. 29
of 2017. Hence, the Special Land Acquisition Officer & RRO,
Lower Indra Irrigation Project, Khariar vide his Letter No.1436
dated 14th August, 2025 stated that in the instant LAR case, the
case of the Petitioner has been taken up and notice has been
issued for hearing. The written instruction of the Opposite Party
No.3 vide Letter No.1436 dated 14th August, 2025 filed by Mr.
Dash, learned Additional Standing Counsel is taken on record.
5. Considering the submissions made by the learned counsel
for the parties, this Court finds that sanction order in connection
with LAR No.29 of 2017 has already been received by Opposite
Party No.3.
Hence, this Court without expressing any opinion on the
merit of the case of the Petitioner in the application under
Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack
Date: 20-Aug-2025 10:22:58
Section 28-A of the Act, disposes of the writ petition with a
direction that the petition under section 28-A of the Act, filed
by the Petitioner shall be disposed of in accordance with law, as
expeditiously as possible, preferably by end of November, 2025
and decision thereof be communicated to the Petitioner
forthwith. If the Petitioner is found to be entitled to the
enhanced compensation in terms of judgment passed in LAR
No.29 of 2017, then the differential amount along with other
statutory dues shall be released in favour of the Petitioner, as
expeditiously as possible, preferably by end of January, 2026.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
ms Judge
