Orissa High Court
Jagannath Bhunjia @ Chinda vs State Of Odisha on 19 August, 2025
Bench: K.R. Mohapatra, Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.19529 of 2025
Jagannath Bhunjia @ Chinda .... Petitioner
Mr. Tathagata Sahoo, Advocate
-versus-
1. State of Odisha
2. The Director R&R-cum-
Additional Secretary to Govt.
Department of Water Resources,
Govt. of Odisha, BBSR
3. The Collector, Nuapada
4. Special Land Acquisition Officer,
Lower Indra Irrigation Project, .... Opposite Parties
Khariar
Mr. Swayambhu Mishra, ASC
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
19.08.2025
Order No.
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,
Lower Indra Irrigation Project, Khariar (Opposite Party No.4) 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. Sahoo, learned counsel for the
Petitioner that LAR No.25 of 2016 of village Rajana in the District
of Nuapada referred under Section 18 of the Act was disposed of
vide judgment dated 24th April, 2023 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. 25 of 2016.
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 in W.P.(C) No.
19550 of 2025, this Court vide Order dated 29th July, 2025 directed
learned State Counsel to take instruction with regard to current
status of the petition filed by the Petitioner therein under section 28-
A of the Act. Apart from instructions in W.P.(C) No. 19550 of
2025, he has also obtained instructions regarding present status of
the petition filed under Section 28-A of the Act by the present
Petitioner.
4. Upon receiving written instruction from the Opposite Party
No.4, Mr. Swayambhu Mishra, learned Additional Standing
Counsel submits that Government in the Department of Water
Resources, Odisha, Bhubaneswar have been moved by the
Opposite Party No.4 for sanction of the decreetal dues in LAR No.
25 of 2016 vide Office Letter No.1383 dated 14.08.2025. The
sanction of decreetal amount is awaited. After receipt of the
sanction order in LAR No. 25 of 2016, the case of the Petitioner
will be processed. The Opposite Party No.4 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.4 vide
Letter No. 1383 dated 14.08.2025 filed by Mr. Mishra, learned
Additional Standing Counsel is taken on record.
5. Considering the submissions made by the learned counsel for
the parties, 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, 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 December,
2025 and the decision thereof be communicated to the Petitioner
forthwith. The Opposite Party No.4 may also move the
Government for early sanction of the deceetal amount in LAR
No.25 of 2016. If it is held that the Petitioner is entitled to
compensation in terms of LAR No. 25 of 2016, then steps shall be
taken to disburse the differential compensation along with other
statutory dues by end of February, 2026.
6. Issue urgent certified copy of this order on proper
application.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
by: PUSPANJALI MOHAPATRA
Designation: Personal Assistant
Reason: Authentication
Location: Orissa High Court
Date: 20-Aug-2025 18:42:00
