Orissa High Court
Shibram @ Shibaram Majhi vs State Of Odisha And Others .... Opposite ... on 23 July, 2025
Bench: K.R. Mohapatra, Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.17069 of 2025
Shibram @ Shibaram Majhi .... Petitioner
Mr.Bijaya Kumar Behera-1, Advocate
-versus-
State of Odisha and Others .... Opposite Parties
Mr.Sibanarayan Biswal,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 23.07.2025
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-cum-RRO,
Lower Indra Irrigation Project, Khariar (Opposite Party No.3) in
disposing of his application under section 28-A of the Land Acquisition
Act, 1894 (for brevity, 'the Act').
3. It is submitted by Mr. Behera, learned counsel for the Petitioner
that LAR No.183 of 2010 of village Konabira in the District of Nuapada
referred under section 18 of the Act was disposed of vide judgment dated
10th February, 2023 enhancing the compensation. Since the land of the
Petitioner was acquired under the same Notification No.1767 dated
09.01.2001 issued under section 4(1) of the Act, the Petitioner filed an
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.183 of 2010. 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 25.06.2025 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.Biswal, 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.183 of 2010. Hence, the Special Land
Acquisition Officer-cum-RRO, Lower Indra Irrigation Project, Khariar
vide his Letter No.1187 dated 22.07.2025 has sought for a reasonable
time to dispose of the application filed by the Petitioner under section 28-
A of the Act.
5. Considering the submissions made by the learned counsel for the
parties, this Court find that sanction order in connection with LAR
No.183 of 2010 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
September, 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.183 of 2010, 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 December, 2025.
Digitally Signed Judge
Signed by: HIMANSU SEKHAR DASH
Reason: Authentication
Location: OHC
Date: 25-Jul-2025
Himansu
19:21:18 (Savitri Ratho)
Judge
