Orissa High Court
Karunakar Parabhoi vs State Of Odisha And Others .... Opposite ... on 18 September, 2025
Bench: K.R. Mohapatra, Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.14568 of 2025
Karunakar Parabhoi .... Petitioner
Mr.Dhananjaya Mund, Advocate
-versus-
State of Odisha and Others .... Opposite Parties
Mr.Sibanarayan Biswal,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
18.09.2025
Order No.
03. 1. This matter is taken up through hybrid mode.
2. The grievance of the Petitioner, in this writ application, is
with regard to inaction of the Special Land Acquisition Officer &
RRO, 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. Mund, learned counsel for the
Petitioner that LAR No.33 of 2019 of village Haripur in the District
of Nuapada referred under section 18 of the Act was disposed of
vide judgment dated 20th April, 2024 enhancing the compensation.
Since the land of the Petitioner was acquired under the same
Notification No.57599 dated 05.12.2003 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.33 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 18.07.2025 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. 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.33 of 2019 vide Office
Letter No.1629 dated 17.09.2025. The sanction of decreetal amount
is awaited. After receipt of the sanction order in LAR No.33/2019,
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.1629 dated 17.09.2025
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
December, 2025 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 deceetal amount in LAR
No.33 of 2019. If it is held that the Petitioner is entitled to
compensation in terms of LAR No.33 of 2019, then steps shall be
taken to disburse the differential compensation along with other
statutory dues by end of March, 2026.
6. Issue urgent certified copy of this order on proper
application.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
Judge
Himansu
Signed by: HIMANSU SEKHAR DASH
