[Cites 3, Cited by 0]
Orissa High Court
Mihir Ranjan Pattjoshi vs State Of Odisha And Others .... Opp. ... on 5 February, 2026
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: SENIOR STENOGRAPHER
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 05-Feb-2026 17:59:28
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 34258 OF 2025
Mihir Ranjan Pattjoshi .... Petitioner
Mr. Gopal Chandra Das, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Manmaya Kumar Dash,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SANJAY KUMAR MISHRA
ORDER
Order No. 05.02.2026
3. 1. This matter is taken up through hybrid mode.
2. Grievance of the Petitioner in this writ petition is with
regard to inaction of the Director (R & R)-cum-Additional
Secretary, Department of Water Resources, Bhubaneswar-
Opposite Party No.2 and the Special Land Acquisition
Officer, Upper Indravati Irrigation Project, Kusumkhunti,
Kalahandi-Opposite Party No.3 in releasing the compensation
in his favour in terms of the judgment dated 21st September,
2016 (Annexure-1) passed by learned Civil Judge (Senior
Division), Dharamgarh in M.J.C. No.105 of 2006.
3. Mr. Das, learned counsel for the Petitioner submits that
pursuant to the notification under Section 4(1) of the Land
Acquisition Act, 1894 (for brevity 'the Act'), land of the
Designation: SENIOR STENOGRAPHER
Location: High Court of Orissa, Cuttack
Date: 05-Feb-2026 17:59:28
Petitioner was acquired for construction of Upper Indravati
Irrigation Project. An award was passed under Section 11 of
the Act. Being not satisfied with the award, the Petitioner
filed an application before Opposite Party No.3 to refer the
matter to the Civil Court under Section 18 of the Act.
Accordingly, the matter was referred to learned Civil Judge
(Senior Division), Dharamgarh in M.J.C. No.105 of 2006. In
the said reference, learned Civil Judge (Senior Division),
Dharamgarh vide judgment dated 21st September, 2016,
enhanced the compensation. Although the judgment
enhancing the compensation was passed in the year, 2016, but
the Petitioner has not yet received the differential enhanced
amount along with the statutory dues. Hence, the Petitioner,
finding no other alternative, has filed this writ petition to
release the enhanced compensation along with the statutory
dues in his favour at an early date.
4. The matter was listed on 9th December, 2025, on which
date, this Court directed learned State Counsel to take
instruction with regard to release of compensation in favour of
the Petitioner. Again on 13th January, 2026, the matter was
adjourned on the prayer of learned State Counsel.
4.1. Today, Mr. Dash, learned Additional Standing
Counsel, on instruction from the Special Land Acquisition
Officer, Upper Indravati Irrigation Project, Kusumkhunti,
Kalahandi submits that sanction in the matter is awaited from
the Administrative Department. On receipt of the sanction, the
Designation: SENIOR STENOGRAPHER
Location: High Court of Orissa, Cuttack
Date: 05-Feb-2026 17:59:28
enhanced compensation along with the statutory dues shall be
released in favour of the Petitioner forthwith. Written
instruction filed by Mr. Dash, learned Additional Standing
Counsel is taken on record.
5. Considering the submissions made by learned counsel
for the parties, this Court finds that the judgment in M.J.C.
No.105 of 2006 was passed on 21st September, 2016. In the
meantime, more than 9 years have already elapsed. But, the
Petitioner is yet to receive compensation along with the
statutory dues although he has lost his valuable property.
6. Thus, the Special Land Acquisition Officer, Upper
Indravati Irrigation Project, Kusumkhunti, Kalahandi-
Opposite Party No.3 and Director (R & R)-cum-Additional
Secretary, Department of Water Resources, Bhubaneswar-
Opposite Party No.2 should have taken immediate steps to
release the enhanced compensation along with the statutory
dues in favour of the Petitioner.
7. Accordingly, it is directed that the Director (R & R)-
cum-Additional Secretary, Department of Water Resources,
Bhubaneswar-Opposite Party No.2 shall accord approval to
the proposal submitted by the Special Land Acquisition
Officer, Upper Indravati Irrigation Project, Kusumkhunti,
Kalahandi-Opposite Party No.3 as expeditiously as possible,
preferably by end of April, 2026, if there is no legal
impediment.
Designation: SENIOR STENOGRAPHER
Location: High Court of Orissa, Cuttack
Date: 05-Feb-2026 17:59:28
7.1. On receipt of sanction, if any, the Special Land
Acquisition Officer, Upper Indravati Irrigation Project,
Kusumkhunti, Kalahandi-Opposite Party No.3 shall release
the compensation along with the statutory dues in favour of
the Petitioner as expeditiously as possible, preferably by end
of June, 2026, on proper verification of his entitlement and
acknowledgement.
8. With the aforesaid observation and direction, the writ
petition is disposed of.
Urgent certified copy of this order be granted on
proper application.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
ms Judge
