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Orissa High Court
Sunaphula Majhi vs State Of Odisha on 10 December, 2025
Bench: K.R. Mohapatra, Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). NO. 33402 OF 2025
Sunaphula Majhi .... Petitioner
Mr. Bijaya Kumar Behera, Advocate
-versus-
1. State of Odisha
2. The Director (R&R) & Ex-Officio
Additional Secretary to Government,
Department of Water Resources,
Odisha, Bhubaneswar
3. The Special Land Acquisition
Officer-cum-RRO, Lower Indra
Irrigation Project, Khariar, District-
Nuapda .... Opp. Parties
Mr. M.K. Dash, ASC
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 10.12.2025
02. 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-
cum- R.R.O., 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. Bijaya Kumar Behera, learned
counsel for the Petitioner that LAR No.08 of 2017 of village
Kalimati in the District of Nuapada referred under section 18 of
the Act was disposed of vide judgment dated 14th September,
2023 enhancing the compensation. Since the land of the
Petitioner was acquired under the same Notification No.23409
dated 16th May, 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. 08 of 2017. 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, this Court
vide Order dated 26th November, 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. 08 of 2017 vide order
No.10190/WR dated 17th April, 2025. Hence, the Special Land
Acquisition Officer & RRO, Lower Indra Irrigation Project,
Khariar vide his Letter No.2132 dated 5th December, 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. 2132 dated
5th December, 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.08 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 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 February, 2026 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.08 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 June, 2026.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
puspa Judge
Signed by: PUSPANJALI MOHAPATRA
Designation: Personal Assistant
Reason: Authentication
Location: Orissa High Court
Date: 11-Dec-2025 10:16:17
