Orissa High Court
Durjyodhan Majhi vs State Of Odisha And Others .... Opp. ... on 26 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: 26-Aug-2025 18:08:36
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 19458 OF 2025
Durjyodhan Majhi .... Petitioner
Mr. Pratap Kumar Behera, 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. 26.08.2025
2. 1. This matter is taken up through hybrid mode.
2. The Petitioner in this writ petition prays for a direction for
early disposal of his application under Section 28-A of the Land
Acquisition Act, 1894 (for brevity 'the Act'), which has been filed
in terms of to the judgment dated 18th April, 2024 (Annexure-1)
passed by learned Civil Judge (Senior Division), Nuapada in L.A.R.
No.21 of 2021.
3. It is submitted by Mr. Behera, learned counsel for the
Petitioner that Plot Nos.640, 641, 642, 645, 1024, 1025, 1026, 1031,
1032 and 1033 of Mouza Jhalkusum in the district of Nuapada was
acquired for the Lower Indra Irrigation Project, Khariar.
Accordingly, the Petitioner was awarded compensation for land
acquisition. In the meantime, the land owners, whose land was
acquired under the same notification under Section 4(1) of the Act,
Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack
Date: 26-Aug-2025 18:08:36
being not satisfied with the award under Section 11 of the Act, filed
an application for enhancement of compensation. Accordingly, the
matter was referred to the Civil Court and registered as L.A.R.
No.21 of 2021. Vide judgment dated 18th April, 2024 learned Civil
Judge (Senior Division), Nuapada enhanced the compensation
awarded under Section 11 of the Act. Since the aforesaid land of the
Petitioner was acquired under the same notification, the Petitioner
instead of filing an application for referring the matter to the Civil
Court under Section 18 of the Act, filed an application under Section
28-A of the Act on 17th May, 2024. The said application is still
pending with the Special Land Acquisition Officer (R & R), Lower
Indra Irrigation Project, Khariar.
4. This Court vide order dated 6th August, 2025, directed
learned State Counsel to take instruction with regard to current
status of the application filed by the Petitioner under Section 28-A
of the Act.
5. Mr. Biswal, learned Additional Standing Counsel, on
instruction, submits that there are several defects in the application
under Section 28-A of the Act filed by the Petitioner. Hence, the
Petitioner has been instructed to remove the defects and file relevant
document in support of his case. The same is awaited. Upon
removal of defects and receipt of such documents, steps shall be
taken for early disposal of the application under Section 28-A of the
Act.
6. In view of the submissions made by learned counsel for the
parties, this Court is of the considered opinion that the Petitioner
should remove the defects/deficiencies in the application under
Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack
Date: 26-Aug-2025 18:08:36
Section 28-A of the Act pending before the Special Land
Acquisition Officer (R & R), Lower Indra Irrigation Project, Khariar
at an early date to see that the application is disposed of in
accordance with law.
7. Accordingly, the writ petition is disposed of with a direction
that the defects/deficiencies, pointed out by the Special Land
Acquisition Officer (R & R), Lower Indra Irrigation Project, Khariar
shall be removed within a period of four weeks hence by the
Petitioner and upon removal of defects, steps shall be taken for early
disposal of the application under Section 28-A of the Act by end of
December, 2025. If the Petitioner is found entitled to receive the
higher compensation in terms of the judgment passed in L.A.R.
No.21 of 2021, the same shall be released in favour of the Petitioner
as expeditiously as possible preferably by end of March, 2026.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
ms Judge
