Orissa High Court
Sadan Gahir vs State Of Odisha And Others .... Opposite ... on 6 November, 2025
Bench: K.R. Mohapatra, Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) NO. 24080 OF 2025
Sadan Gahir .... Petitioner
Mr. Bhaskar Samantaray, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Swayambhu Mishra,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 06.11.2025
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. Samantaray, learned counsel for
the Petitioner that LAR No.70 of 2019 of village Agren in the
District of Nuapada referred under section 18 of the Act was
disposed of vide judgment dated 13th September, 2023
enhancing the compensation. Since the land of the Petitioner
was acquired under the same Notification No.51479 dated 3rd
November, 2000 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.70 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 23rd 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 decretal dues in LAR
No.70 of 2019 vide Office Letter No.413 dated 25th March,
2025. The sanction of decretal amount is awaited. After receipt
of the sanction order in LAR No.70 of 2019, 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.1950 dated 4th 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 decretal amount in LAR No.70 of 2019. If it is
held that the Petitioner is entitled to compensation in terms of
LAR No.70 of 2019, 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)
Subhalaxmi Judge
Signed by: SUBHALAXMI PRIYADARSHANI
Location: Orissa High Court, Cuttack
Date: 07-Nov-2025 11:06:15
