4. Learned counsel for the appellant submits that it
is evident that Sri Gopinath, the original owner is
succeeded by Sri Lambodhar and Sri Antaryami. All
three have passed away before the acquisition. Sri
Lambodhar is succeeded by Smt. Urbasi-daughter,
Smt. Chandramani-daughter and Sri Jogeswar-son.
10. In view of the appearance of learned counsel Mr.
Bose for the respondent Nos. 2 to 5 who are caveators
in caveat petition No.8 of 2025, the caveat stands
discharged and the petition is disposed of.
11. The I.A. has been filed seeking stay of operation
of the judgment/award dated 19.11.2025 passed in
L.A. Reference Case No.22 of 2022 and appropriate
interim orders.
12. Heard learned counsel for the appellant.
He reiterates his submission as noted above.
13. Learned counsel for the respondent Nos.2 to 5
Mr. Bose opposes the interim prayer.
14. At internal pages 23 & 25 of the judgment, the
learned Referral Court at paragraph Nos.17 & 19 has
directed as thus:
"17. On proof of title over the case acquired
properties and on failure to substantiate any
substantive right of the contested parties
under the point of consideration No.i) due to
legal barrier, it is needless to hold that late
Jogeswar Acharya and Antaryami Acharya
are exclusively and conclusively owner of the
case acquired properties and entitled to 50%
share each over the settled compensation;
the 50% share of late Jogeswar is not liable
to be apportioned with the OP No.31, 32(a) to
(d), as such the point for consideration No.ii)
answered accordingly.
xxx xxx xxx
19. Hence, it is awarded;
OP No.1 to 4 are entitled to get 1/8th share
each over the settled compensation being the
successors of late Jogeswar Acharya. The
sons and daughters of late Antaryami
Acharya are entitled to get 1/20th share each
over the settled compensation and upon the
death of any share-holder, they and their Lrs
jointly or individually entitled get to their
respective proportionate shares according to
law; it is needless to say here that the party
having entitled to get 1/20th share, whether
died issueless or unmarried, as the case
may be, the share will increase and
decrease in the event of such death and
redistributed among them and their surviving
Lrs/share-holders according to law. The cost
of proceeding is ordered to be borne by the
petitioner."
15. From perusal of the aforesaid observations as well
as directions which form part of the award, it is
apparent that 50% of the awarded amount has been
given to the descendants into the branch of Antaryami,
50% to the branch of Lambodhar. For the branch
through Lambodhar the branch of Jogeswar (since
deceased) has been given the entire amount which was
contested unsuccessfully by the present appellants
who were Opp. Parties 31, 32(a) to (d).
16. In the interim, it is directed that from the amount
that has devolved on the branch of Jogeswar through
Lambodhar, 1/3rd shall be released to the descendants
of Jogeswar i.e. Gagan (respondent No.1), Anita
(respondent No.2), Sabita (Respondent no.3) and
Mamata (since deceased) represented through
Subhakanta who have been arrayed as respondent
nos.2 to 5 in the present appeal.
Apparently, there is no intersay claims/disputes
between the descendants of Jogeswar. All the
respondent Nos.2 to 5 shall have the liberty to
apportion the amount that would be released (13rd of
50%) as per their individual understanding agreement.
Out of the amount that has devolved through
Lambodhar rest 2/3rd amount after 1/3rd being
released to the branch of Jogeswar shall be kept by the
Land Acquisition Officer, Balasore/appropriate
authority who retains the money, in a high interest
yielding fixed deposit with auto renewal clause in a
Nationalized Bank to the credit of the present appeal.
17. It is submitted by the learned counsel for the
appellant as well as the respondent Nos.2 to 5 that the
interest is yet to be calculated on the amount of the
compensation awarded, therefore, the exact amount
will be determined after calculation and shall be
released accordingly.
18. This Court finds no difficulty in calculating the
same in accordance with law. The total amount goes to
Gopinath, thereafter 50% for each for the branch of
Lambodhar and Antaryami shall include the interest.
Out of the amount along with interest for the branch of
Lambodhar 1/3rd will be released in favour of
Jogeswar's four descendants i.e. respondent Nos.2 to
5, rest 2/3rd amount along with interest shall be
invested as directed above to the credit of the appeal.
19. List for admission in the week commencing
06.04.2026.
Liberty to mention.
(Mruganka Sekhar Sahoo)
Judge
Rajesh
