Orissa High Court
Haramani Chinda vs State Of Odisha on 14 November, 2025
Bench: K.R. Mohapatra, Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). No. 22940 of 2025
Haramani Chinda .... Petitioner
Mr. G.C. Das, Advocate
-versus-
1. State of Odisha, represented by it's
Principal Secretary to Government,
Water Resources Department,
Bhubaneswar
2. Director, R&R cum Ex-Officio
Addl. Secretary to Govt., Water
Resources Department,
Bhubaneswar
3. Special Land Acquisition Officer,
Lower Indra Irrigation Project, .... Opp. Parties
Khariar, Nuapada
Mr. Swayambhu Mishra,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 14.11.2025
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 &
R.R.O., Lower Indra Irrigation Project, Khariar (Opposite Party
No.3) in disposing of her application filed under section 28-A of
the Land Acquisition Act, 1894 (for brevity, 'the Act').
3. It is submitted by Mr. Das, learned counsel for the
Petitioner that LAR No.44 of 2022 of village Rajana in the
District of Nuapada referred under Section 18 of the Act was
disposed of vide judgment dated 26th April, 2024 enhancing the
compensation. Since the land of the Petitioner was acquired
under the same Notification No.15266 dated 26th March, 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 her land in terms of the
judgment passed in LAR No. 44 of 2022. 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 22nd September, 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. Upon receiving written instruction from the Opposite
Party No.3, Mr. Mishra, learned Additional Standing Counsel
submits that Government in the Department of Water Resources,
Odisha, Bhubaneswar have been moved by the Opposite Party
No.3 for sanction of the decreetal dues in LAR No. 44 of 2022
vide Office Letter No.790 dated 23rd May, 2025. The sanction of
decreetal amount is awaited. After receipt of the sanction order in
LAR No. 44 of 2022, the case of the Petitioner will be processed.
The Opposite Party No.3 is making a sincere endeavour for early
disposal of the application under Section 28-A of the Act. The
written instruction of the Opposite Party No.3 vide Letter
No.1971 dated 7th November, 2025 filed by Mr. Mishra, learned
Additional Standing Counsel is taken on record.
5. Considering the submissions made by the learned counsel
for the parties, this Court without delving into the merit of the
case of the Petitioner in the application filed under section 28-A
of the Act, disposes of the writ petition with a direction that steps
shall be taken by the Special Land Acquisition Officer & RRO,
Khariar to dispose of the application filed by the Petitioner under
Section 28-A of the Act as expeditiously as possible, preferably
by end of January, 2026 and the decision thereof be
communicated to the Petitioner forthwith. The Opposite Party
No.3 may also move the Government for early sanction of the
decreetal amount in LAR No. 44 of 2022. If it is held that the
Petitioner is entitled to compensation in terms of LAR No. 44 of
2022, then steps shall be taken to disburse the differential
compensation along with other statutory dues by end of May,
2026.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
Judge
Sukanta
Signed by: SUKANTA KUMAR BEHERA
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 14-Nov-2025 19:56:03
