Orissa High Court
Kalapika Sahu vs State Of Odisha And on 23 May, 2025
Bench: S.K. Sahoo, M.S. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.14520 of 2025
Kalapika Sahu .... Petitioner
Mr. Bijaya Kumar Behera-1,
Advocate
-versus-
State of Odisha and
others .... Opp. Parties
Mr. Partha Sarathi Nayak,
Addl. Govt. Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE M.S. SAHOO
ORDER
Order No. 23.05.2025
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
The writ petition has been filed by the petitioner,
Kalapika Sahu, challenging the sanction order dated
13.02.2025 issued by the Director (R & R) & Ex-Officio,
Addl. Secretary to Govt., Department of Water
Resources, Odisha, opp. party no.2, under Annexure-7
and for non-payment of compensation/decretal dues on
acquisition of land under Land Acquisition Act, 1894
Signature Not
Verified
(hereafter, 'L.A. Act') for construction of Lower Indra
Digitally Signed
Signed by: SIPUN BEHERA
Irrigation Project, Khariar as per the estimate
Designation: Senior
Stenographer
Reason: Authentication
Location: HIGH COURT OF
ORISSA, CUTTACK
Date: 23-May-2025 18:01:05
submitted by the Special L.A.O. vide letter dated
23.03.2023, upon the application under section 28(A)
of L.A. Act.
Learned counsel for the petitioner submitted that
as per the award/judgment and order dated
22.12.2017 of the learned Senior Civil Judge, Nuapada
passed in L.A.R. case no.188 of 2017, the calculation
sheet of the decretal dues has been prepared under
section 28(A) of the Land Acquisition Act and it would
show that the amount has been assessed to
Rs.63,75,146/-(rupees sixty three lakhs seventy five
thousand one hundred and forty six) only.
It appears from the Annexure-5, which is a letter
issued by the Director (R&R) & Ex-officio, Addl.
Secretary to Govt., opp. party no.2, addressed to the
Special L.A. & R.R.O, LIIP, Khariar, Nuapada, opp.
party no.3, that during scrutiny of the compliance
report, some points were raised and therefore, it was
requested to re-examine the application on the points
mentioned therein and to furnish necessary compliance
report to the Department.
Learned counsel for the petitioner submitted that
after receipt of such letter, the Special L.A. & R.R.O,
LIIP, Khariar, Nuapada, opp. party no.3, has complied
with the same and mentioned therein that the petition
under section 28(A) of the L.A. Act, 1894 appears to
be a genuine one and may be accepted and
accordingly, up-to-date calculation sheet was
resubmitted along with notice, hearing report,
declaration, L.A. Collector award copy under section
28(A) application and genealogy and judgment of
L.A.R. case no.188 of 2017 of the petition.
Learned counsel for the petitioner further
submitted that in spite of such favourable order passed
in favour of the petitioner, under Annexure-7, the
Director, R&R, opp. party no.2, has only sanctioned the
amount of Rs.45,41,106/-(rupees forty five lakhs forty
one thousand one hundred and six) only towards
decretal dues under section 28(A) of the L.A. Act, 1894
in favour of Tikchan Sahu, the father of the petitioner
and others.
Learned counsel further submitted that without
any cogent reason, the amount as has been reflected
in the calculation sheet has been reduced causing
financial loss to the petitioner.
Issue notice to the opposite parties on the
question of admission indicating therein that the
matter shall be disposed of at the stage of admission.
Mr. Partha Sarathi Nayak, learned Addl. Govt.
Advocate accepts notice on behalf of all the opp.
parties.
Let three extra copies of the writ petition along
with enclosures be served on the learned counsel for
the State on Monday (26.05.2025).
List this matter in the week commencing from
30.06.2025.
Counter, if any, may be filed in the meantime.
( S.K. Sahoo)
Vacation Judge
( M.S. Sahoo)
Vacation Judge
Sipun/Rajesh
