Orissa High Court
Balamat Bhoi 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. 23098 of 2025
Balamat Bhoi .... 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,
Khariar, Nuapada .... Opp. Parties
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 his 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.24 of 2019 of village Haripur in the
District of Nuapada referred under section 18 of the Act was
disposed of vide judgment dated 5th April, 2024 enhancing the
compensation. Since the land of the Petitioner was acquired
under the same Notification No.57599 dated 5th December, 2003
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 his land in terms of the judgment
passed in LAR No.24 of 2019. 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 24th 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. Mr. Mishra, 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.24 of
2019 vide order No.35159/WR dated 21st December, 2024.
Hence, the Special Land Acquisition Officer & RRO, Lower
Indra Irrigation Project, Khariar vide his Letter No.1973 dated 7th
November, 2025 stated that in the instant LAR case, the case of
the Petitioner has been taken up and notice has been issued for
hearing. The written instruction of the Opposite Party No.3 vide
Letter No.1973 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 finds that sanction order in connection
with LAR No.24 of 2019 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 January, 2026 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.24 of 2019, 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 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
