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Orissa High Court
Charubala Debata vs State Of Odisha & Others on 29 April, 2026
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.4311 OF 2026
(An application under Articles 226 and 227 of the Constitution of India)
*****
1. Charubala Debata
2. Prasanna Kumar Nanda
3. Parsuram Nanda
4. Chakradhar Nanda
5. Kumudini Sarangi ...... Petitioners
-Versus-
State of Odisha & others,
...... Opp. Parties
Advocates appeared:
For Petitioners : Mr. Kousik Ananda Guru, Advocate
For Opp. Parties : Mr. Swayambhu Mishra
Additional Standing Counsel
CORAM :
MR. JUSTICE K.R. MOHAPATRA
MR. JUSTICE SANJAY KUMAR MISHRA
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Heard and disposed of on 29.04.2026
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JUDGMENT
By the Bench;
1. This matter is taken up through hybrid mode.
2. Mr. Mishra, learned Additional Standing Counsel
places on record a copy of the letter No.12455/WR dated 29th
April, 2026 issued by the Director, R & R and Ex-Officio
Special Secretary to Government in the Department of Water
Resources. He also produces the copy of the letter No.358
W.P.(C) No.4311 OF 2026
dated 29th April, 2026 issued by the Zone Officer, L.A. &
R.R. Zone, Deogarh. Both the documents are taken on record.
3. This writ petition has been filed for a direction to the
Opposite Parties to release the enhanced compensation in
favour of the Petitioners in terms of order dated 13.04.2015
passed by the Zone Officer, L.A. & R.R. Zone, Deogarh in a
proceeding under Section 28-A of the Land Acquisition Act,
1894 (for brevity 'the Act').
4. Mr. Guru, learned Counsel for the Petitioners submits
that the Petitioners being the land losers had filed an
application under Section 28-A of the Act in terms of the
order dated 07.08.1999 passed by the learned Civil Judge (Sr.
Division), Deogarh in L.A. Misc. Case No.19 of 1997 in a
reference under Section 18 of the Act. The said application
was disposed of vide order dated 13.04.2015 (Annexure-2).
Since the land of the Petitioners have been acquired under the
same notification, instead of filing an application to refer the
matter under Section 18 of the Act, filed an application under
Section 28-A of the Act for enhancement of compensation in
terms of the aforesaid judgment. Although the Zone Officer,
L.A. & R.R. Zone, Deogarh passed the order on 13.04.2015
enhancing the compensation and submitted the documents to
the Department of Water Resources for sanction of the
amount but till date no sanction has been received, for which
disbursal of the enhanced compensation could not be made to
the Petitioners. Thus being aggrieved they have filed the
present writ petition.
W.P.(C) No.4311 OF 2026
5. Taking into consideration the submissions made by the
learned Counsel for the parties, this Court vide order dated
27.02.2026 directed the learned State Counsel to take
instruction with regard to status and release of compensation,
if any, in favour of the Petitioners. The matter was listed on
15th April, 2026. Learned State Counsel on that date submitted
that he has not received complete instruction in the matter and
prayed for further adjournment. Today, i.e. on 29.04.2026, the
aforesaid two letters were produced before the Court wherein
the Director, R & R and Ex-Officio Special Secretary to
Government sought for three months' time to sanction the
amount. This Court takes an exception to the same. The land
of the Petitioners was acquired vide notification dated
15.02.1979. Till date, the Petitioners are yet to receive
compensation. Although the Zone Officer, L.A. & R.R. Zone,
Deogarh has passed an order enhancing the compensation
vide order dated 13.04.2015 but the Petitioners are yet to
receive the differential amount of compensation.
6. It further appears that the Zone Officer, L.A. & R.R.
Zone, Baghaubaol, Talcher after a lapse of 6 (six) years vide
his letter No.21 dated 31.01.2023 submitted all records to the
Water Resources Department for necessary sanction to release
the compensation in favour of the Petitioners but it is still
pending with the Government.
7. Taking note of the predicaments of the Petitioners and
laxity on the part of the Zone Officer, L.A. & R.R. Zone,
Deogarh as well as Director, R & R and Ex-Officio Special
W.P.(C) No.4311 OF 2026
Secretary to Government in the Department of Water
Resources, Government of Odisha, this Court directs that
necessary sanction for release of compensation in favour of
the Petitioners shall be made as expeditiously as possible
preferably by 24th June, 2026, if there is no legal impediment
and the differential amount of compensation along with
statutory dues and interest shall be released in favour of the
Petitioners on proper verification of their entitlement and due
acknowledgement by end of July, 2026 positively.
8. Downloaded copy of this order from the website of this
Court shall be communicated to the Zone Officer, L.A. &
R.R. Zone, Deogarh as well as Director, R & R and Ex-
Officio Special Secretary to Government in the Department
of Water Resources, Government of Odisha, by Mr. Mishra,
learned Additional Standing Counsel forthwith.
9. The writ petition is disposed of accordingly.
Urgent certified copy of this judgment be granted on
proper application.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
Judge
Orissa High Court, Cuttack,
Dated 29th April, 2026/Banita Signature Not Verified
Digitally Signed
Signed by: BANITA PRIYADARSHINI PALEI
Designation: SR. STENOGRAPHER
Reason: AUTHENTICATION
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 30-Apr-2026 16:09:24
W.P.(C) No.4311 OF 2026
