Orissa High Court
Hareram Hati vs State Of Odisha And Others .... Opp. ... on 11 November, 2025
Bench: K.R. Mohapatra, Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 23028 OF 2025
Hareram Hati .... Petitioner
Mr. Gopal Chandra Das, Advocate
-versus-
State of Odisha and Others .... Opp. Parties
Mr. S.N. Biswal, ASC
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 11.11.2025
2. 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 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. S.N. Biswal, 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
decretal 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.1967
dated 7th November, 2025 filed by Mr. Biswal, 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)
puspa Judge
Signed by: PUSPANJALI MOHAPATRA
Designation: Personal Assistant
Reason: Authentication
Location: Orissa High Court
Date: 12-Nov-2025 19:18:16
