Orissa High Court
Charubala Debata And vs State Of Odisha And on 24 January, 2025
Author: S.K.Sahoo
Bench: S.K.Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.33256 of 2024
Charubala Debata and
others ..... Petitioners
Mr. K.A. Guru,
Advocate
-versus-
State of Odisha and
others ..... Opp. Parties
Mr. P.S. Nayak
Addl. Govt. Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K.SAHOO
THE HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
Order No.
24.01.2025
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This writ petition has been filed by the petitioners
Charubala Debata and others with a prayer for a direction
to the opposite parties for payment of the awarded
amount as awarded under section 28(A) of the Land
Acquisition Act.
Learned counsel for the petitioners submitted that
Chintamani Nanda and his brother Tankadhara Nanda
both son of late Satyabadi Nanda were the recorded
tenant in respect of the Khata No. 143 for an area of
Ac.11.98 decimal of land which was acquired for the
purpose of Rengali Dam Project and the award was
passed in favour of the land losers. The land losers being
aggrieved with the award amount, approached the Civil
Judge, Senior Division, Deogarh for enhancement of
compensation amount and accordingly, L.A. Case No. 19
of 1997 was registered and vide judgement dated
07.08.1999, the learned Civil Judge, Senior Division
Judge, Deogarh enhanced the compensation amount
which was upheld by this Court. After the judgment
pronounced by this Court, the ancestors of the present
petitioners filed an application under section 28 (A) of
the Land Acquisition Act for enhancement of the award
amount on 29.11.1999 and during its pendency, the
original ROR holder, namely, Chintamani Nanda passed
away on 27.09.2011 and the petitioners being the legal
heirs substituted themselves and after hearing the
parties the learned Land Acquisition Officer, Deogarh
passed an order to enhance the awarded amount vide
order dated 31.03.2023 and accordingly, the Zona
Officer Rengali Dam Project, Deogarh awarded a sum of
Rs.11,05,442/- as the award amount under section 28
(A) of the Land Acquisition Act.
Learned counsel for the petitioners submits that the
Zone Officer, Rengali Dam Project, Deogarh, opposite
party no.3 has submitted the calculation sheet in 28(A)
case filed by Chintamani Nanda, father of the petitioners
and others to the Director (R & R) -cum- Addl. Secretary
to Govt. Department of Water Resources, Odisha,
Bhubaneswar and tentative calculation sheet amounting
to Rs. 11,05,442/- alongwith other relevant documents in
connection with the said 28(A) case towards sanction of
decreetal amount under Rengali Dam Project but till date
no sanction has been made.
Let the learned counsel for the State obtain
instruction as to why the sanction of the decreetal dues
has not yet been made and whether there is any legal
impediment for such sanction or not.
List this matter in the week commencing from
10.02.2025.
( S.K. Sahoo)
Judge
(Savitri Ratho)
Judge
Pravakar
Designation: AR-cum-Senior Secretary
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 04-Feb-2025 10:19:22
