Orissa High Court
Trilochan Rana vs State Of Odisha on 12 May, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.3170 of 2025
Trilochan Rana ..... Petitioner
Mr. Dhananjaya Mund,
Advocate
-versus-
1. State of Odisha,
represented by its
Secretary to Govt.
Department of Water
Resources, Odisha
2. The Director (R & R)
-cum- Additional
Secretary, Department
of Water Resources,
Odisha, Bhubaneswar,
Khurda
3. The Special Land
Acquisition Officer,
Upper Indravati
Irrigation Project,
Kusumkhunti,
Kalahandi
4. Zone Officer, Upper
Signature Not Verified Indravati Irrigation
Digitally Signed Project, Kusumkhunti,
Signed by: SIPUN BEHERA
..... Opp. Parties
Reason: Authentication
Location: HIGH COURT OF
Kalahandi
Designation: Senior Stenographer
ORISSA, CUTTACK
Date: 13-May-2025 19:40:47
Mr. Jateswar Nayak,
Addl. Govt. Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
Page 1 of 5
ORDER
Order No.
12.05.2025
04. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This writ petition has been filed by the petitioner
Trilochan Rana with a prayer to direct the opposite
parties to sanction and disburse the compensation
amount in his favour pursuant to the judgment and order
dated 06.09.2019 passed by the learned Civil Judge
(Senior Division), Bhawanipatna in L.A.R. No.36 of 2019.
When the matter was taken up on 03.03.2025,
learned counsel for the petitioner made a submission
that even though more than five years have passed since
the date of pronouncement of the judgment, the
compensation amount has not yet been disbursed to the
petitioner and we asked the learned counsel for the State
to obtain instruction as to whether there is any challenge
to the aforesaid judgment and order dated 06.09.2019 or
not and if not, why the compensation amount has not yet
been disbursed in favour of the petitioner.
Today, learned counsel for the State has produced
the written instruction dated 30.04.2025 received from
the opp. party no.3, wherein it is stated as follows:
"In inviting a kind letter on the afore stated
subject, I am to say that the land to an
extent of Ac.0.42 pertaining to Ata (Ac.0.24),
Berna (Ac. 0.15) and Gharabari (Ac.0.03)
kisam of lands in Mauza-Gurujimunda
belonging to the land contributor namely;
Trilochan Rana was acquired by the State
Government for construction of Gurujimunda
Minor and sub-minor of Upper Indravati
Irrigation Project vide Notification No.
41552/R&DM dated 12.09.2012 of
Government in Revenue & Disaster
Management Department, Odisha,
Bhubaneswar. Accordingly, the L.A. Collector
has awarded the L.A. compensation at the
rate of Rs. 55,092/-, Rs.1,00,000/- and
Rs.4,40,000 per acre to the Ata, Berna and
Gharabari kisam of lands of the land
contributor in village Gurujimunda vide L.A.
Case No. 09/2012. As such, the land
contributor has received the L.A.
compensation of Rs.56,748/- under protest
and filed petition U/S.18 of L.A. Act before the
L.A. Collector. As per the provision, the
matter was referred to the Learned Civil
Court, (SD), Bhawanipatna and was
numbered as LAR No.36 of 2019. The learned
Civil Court on her turn has enhanced the L.A.
compensation @ Rs. 3,15,000/- per acre to
the acquired Ata & Berna & @ Rs.
4,40,000/- per acre to the acquired Gharabari
kisam of land of the land contributor vide
order dated 06.09.2019 and ordered to pay
the enhanced decretal dues to the decree
holder with all other statutory benefits already
granted in his favour under L.A. Act. 1894.
After disposal of the case in the Court of
the Civil Judge, (SD), Bhawanipatna, the
Government Pleader, Kalahandi,
Bhawanipatna has communicated the certified
copy of orders along with his opinion to O.P.
No.3 i.e. Special Land Acquisition Officer,
Upper Indravati Irrigation Project,
Kusumkhunti, Dist. Kalahandi on 01.08.2020.
The O.P. No.3 i.e. Special Land Acquisition
Officer, Upper Indravati Irrigation Project,
Kusumkhunti, Dist. Kalahandi has moved the
Government in Administrative Department i.e.
Water Resources Department, Odisha to
examine the order dated 06.09.2019 with a
request to communicate the views of the
Government whether the appeal can be filed
in the Hon'ble High Court of Orissa against
the orders of the learned Civil Judge, (SD),
Bhawanipatna vide this office letter No.
1114/WE dated 17.11.2020. Now, the matter
is under examination at Government level.
Soon after receipt of the orders of the
Government, necessary steps will be taken at
this end, accordingly.
This is for favour of kind information and
necessary action."
The written instruction is taken on record.
The plea taken by the learned counsel for the State
that the matter is under examination at Government
level and after receipt of the order of the Government,
necessary steps can be taken is not appreciating,
particularly, when the order of the learned Civil Judge
(Senior Division), Bhawanipatna was passed way back in
September, 2019.
Therefore, we are of the view the State of Odisha
represented by its Secretary to Govt., Department of
Water Resources, Odisha, opp. party no.1 has to make
necessary sanction of the compensation amount as per
the judgment and order dated 06.09.2019 passed by the
learned Civil Judge (Senior Division), Bhawanipatna,
preferably, within one month and thereafter, the Special
Land Acquisition Officer, Upper Indravati Irrigation
Project, Kusumkhunti, Kalahandi, opp. party no.3 shall
take expeditious steps for disbursement of the
compensation amount by end of July, 2025, if there is no
other legal impediment.
With these observations and directions, the writ
petition stands disposed of accordingly.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
( S. S. Mishra)
Judge
Sipun
