Orissa High Court
Anuchhaya Majhi vs State Of Odisha on 2 September, 2025
Bench: K.R. Mohapatra, Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). No. 13692 of 2025
Anuchhaya Majhi .... Petitioner
Mr. Bhaskar Samantaray, Advocate
-versus-
1. State of Odisha, represented through
its Commissioner -cum- Principal
Secretary to Govt. of Odisha, Water
Resources Department, Bhubaneswar
2. The Director (R & R) and Ex-Officio
Additional Secretary to Govt. Water
Resources Department, Bhubaneswar
3. The Special Land Acquisition
Officer Lower Indra Irrigation Project,
Khariar, Nuapada .... Opp. Parties
Mr. Swayambhu Mishra, A.S.C.
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 02.09.2025
03. 1. This matter is taken up through hybrid mode.
2. Petitioner in this writ petition seeks for a direction to the
Opposite Party Nos.1 and 2, namely, the Commissioner -cum-
Principal Secretary to Government of Odisha, Water Resources
Department, Bhubaneswar and Director (R & R) and Ex-Officio
Additional Secretary to Government Water Resources Department,
Bhubaneswar respectively, to sanction the amount in terms of the
order passed under Section 28-A of the Land Acquisition Act, 1894
(for brevity "the Act") and to release the same in favour of the
Petitioner along with statutory dues.
3. It is submitted by Mr. Bhaskar Samantaray, learned counsel
for the Petitioner that pursuant to the judgment dated 30th
November, 2022 (Annexure-1) passed by learned Senior Civil
Judge, Nuapada in L.A.R. No. 72 of 2009, the Petitioner filed an
application under Section 28-A of the Act for redetermination of
compensation and to release the differential amount in her
favour. The said amount has not yet been released in favour of
the Petitioner. Hence this writ petition has been filed.
4. Taking note of the submission of Mr. Samantaray, learned
counsel for the Petitioner, this Court vide order dated 8th August,
2025 directed learned State Counsel to take instruction in the
matter.
5. Mr. Swayambhu Mishra, learned Additional Standing
Counsel on instruction submits that the amount has already been
sanctioned by the Water Resources Department and the
Petitioner along with her daughter, namely, Namita Majhi has
been noticed vide office Letter No. 572 dated 8th July, 2025 to
file necessary documents to receipt the differential amount of
Rs.30,43,005/- (Rupees Thirty lakhs Forty-Three thousand Five
only). Copy of the said notice along with written instruction
received by learned State Counsel are taken on record. It appears
that the amount pursuant to order passed under Section 28-A of
the Act was sanctioned by the Water Resources Department vide
Letter No. 18206 dated 5th July, 2025.
6. Thus, Mr. Mishra, learned Additional Standing Counsel
submits that in the event the Petitioner and her daughter submit
their Account details and necessary documents in support of their
identification, the differential amount shall be deposited in their
respective accounts.
7. Mr. Samantaray, learned counsel for the Petitioner
however submits that in the meantime notice has been received
from the Special Land Acquisition Officer, Lower Indra
Irrigation Project, Khariar, Nuapada for receiving the
compensation and the Petitioner has already submitted the
documents as required.
8. In view of the above, this Court disposes of the Writ
Petition with a direction if the Petitioner and her daughter,
namely, Namita Majhi have submitted the necessary documents/
information, as required by Special Land Acquisition Officer,
Lower Indra Irrigation Project, Khariar, Nuapada- Opposite Party
No.3, the differential amount shall be released and deposited in
their Bank accounts forthwith on proper identification.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
Judge
Sukanta
Signed by: SUKANTA KUMAR BEHERA
Designation: Senior Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 03-Sep-2025 18:56:44
