Orissa High Court
Bishnu Harijan vs State Of Odisha on 11 September, 2025
Bench: K.R. Mohapatra, Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No. 22402 of 2025
Bishnu Harijan .... Petitioner
Mr. Bijaya Kumar Behera -1, Advocate
-versus-
1. State of Odisha,
represented through the Principal
Secretary to Government,
Department of Water Resources,
Odisha, Bhubaneswar
2. The Director (R&R) and Ex-
Officio Additional Secretary to
Government,
Department of Water Resources,
Odisha, Bhubaneswar
3. The Special Land Acquisition
Officer-cum-RRO,
Lower Indra Irrigation Project,
Khariar. .... Opposite Parties
Mr. Swayambhu Mishra,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
11.09.2025
Order No.
02. 1. This matter is taken up through hybrid mode.
2. Petitioner in this writ petition prays for a direction to
dispose of the application filed by him 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 pursuant to the judgment dated 12 th February, 2024
passed by learned Civil Judge (Senior Division), Nuapada in LAR
No.30 of 2019 of village Haripur, the Petitioner filed an application
under Section 28-A of the Act before the Collector for
redetermination of compensation for acquisition of his land.
Although the sanction order in LAR No.30 of 2019 has already
been received, due to inaction of the Special Land Acquisition
Officer, Lower Indra Irrigation Project, Khariar in disposing of his
application, the Petitioner is not being extended with the benefit by
re-determining the land acquisition compensation.
4. Taking into consideration the case of the Petitioner, this
Court vide order dated 13th August, 2025 had directed learned State
Counsel to take instruction in the matter.
5. Mr. Mishra, learned Additional Standing Counsel on
instruction submits that sanction order has already been received in
respect of the judgment passed in LAR No.30 of 2019 but due to
pendency of large number of cases filed under Section 28-A of the
Act, the Special Land Acquisition Officer is taking up those
applications serially and will consider the case of the Petitioner in
its turn. He, therefore, prays for a direction to dispose of the writ
petition accordingly. The written instruction submitted by Mr.
Mishra, learned Additional Standing Counsel is taken on record.
6. Taking note of the submission made by learned counsel
for the parties, this Court feels that an early decision on the
application of the Petitioner under Section 28-A of the Act should
be taken.
7. In view of the above, this Court without delving into the
merit of the case of the Petitioner in the application under Section
28-A of the Act, disposes of the writ petition with direction to the
Special Land Acquisition Officer, Lower Indra Irrigation Project,
Khariar to dispose of the application filed under Section 28-A of
the Act as expeditiously as possible, preferably by end of
December, 2025. If the Petitioner is found eligible for
redetermination of compensation in terms of the judgment passed
in LAR No.30 of 2019, the benefit shall be released in favour of the
Petitioner as expeditiously as possible, preferably by end of March,
2026.
8. The Petitioner is directed to cooperate with the Special
Land Acquisition Officer, Lower Indra Irrigation Project, Khariar
for early disposal of the application filed under Section 28-A of the
Act.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
Judge
RKS
Designation: AR-Cum-Sr. Secretary
