Orissa High Court
Pabitra Majhi vs State Of Odisha And Others .... Opp. ... on 8 September, 2025
Bench: K.R. Mohapatra, Savitri Ratho
Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 09-Sep-2025 10:16:46
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 14538 OF 2025
Pabitra Majhi .... Petitioner
Mr. Bijaya Kumar Behera, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Siba Narayan Biswal,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 08.09.2025
4. 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 & RRO, Lower Indra
Irrigation Project, Khariar (Opposite Party No.3) in releasing the
compensation pursuant to the order passed in an application filed under
section 28-A of the Land Acquisition Act, 1894 (for brevity, 'the Act').
3. It is submitted by Mr. Behera, learned counsel for the Petitioner
that LAR No.25 of 2005 of village Kotamal in the District of Nuapada
referred under section 18 of the Act was disposed of vide judgment dated
22nd June, 2022 enhancing the compensation. Since the land of the
Petitioner was acquired under the same Notification No.1761 dated 9th
January, 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 his land in terms of the judgment passed
Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack
Date: 09-Sep-2025 10:16:46
in LAR No. 25 of 2005. The said application was disposed of by the
Collector, Nuapada directing payment of Rs.53,795/- towards
differential compensation. But, the said amount has not yet been released
in favour of the Petitioner. Thus, the Petitioner has approached this Court
in the present writ petition.
Considering the grievance of the Petitioner, this Court vide Order
dated 23rd May, 2025 directed learned State Counsel to take instruction
with regard to current status of release of compensation in favour of the
Petitioner under Section 28-A of the Act.
4. Upon receiving written instruction from the Opposite Party No.3,
Mr. 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. 25 of 2005 vide Office Letter No.1351
dated 11th August, 2025. The sanction for payment of deferential amount
of Rs.53,795/- pursuant to the judgment dated 22nd June, 2022 passed by
learned Civil Judge (Senior Division), Nuapada in LAR No. 25 of 2005
initiated under Section 18 of the Act is awaited. The written instruction
of the Opposite Party No.3 vide Letter No.1351 dated 11th August, 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 further delving into the matter, disposes of the
writ petition with a direction that steps shall be taken by the Special Land
Acquisition Officer & RRO, Khariar to get the order of sanction
pursuant to the order passed in the application of the Petitioner under
Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack
Date: 09-Sep-2025 10:16:46
section 28-A of the Act and to disburse the differential compensation
along with other statutory dues by end of March, 2026.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
ms Judge
