[Cites 3, Cited by 0]
Orissa High Court
Jagadish Chinda vs State Of Odisha And Others .... Opposite ... on 21 January, 2026
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.34683 of 2025
Jagadish Chinda .... Petitioner
Mr.Bijaya Kumar Behera-1, Advocate
Mr. B.N.Ray, Advocate
-versus-
State of Odisha and Others .... Opposite Parties
Mr.Manmaya Kumar Dash,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SANJAY KUMAR MISHRA
ORDER
21.01.2026
Order No.
02. 1. This matter is taken up through hybrid mode.
2. The Petitioner, in this writ petition, prays for a direction to
the State Government to accord sanction for release of
compensation amount of Rs.34,37,565/- for acquisition of his land
under Land Acquisition Act, 1894 (for brevity, 'the Act') for the
purpose of Lower Indra Irrigation Project, Khariar.
3. Mr. Behera, learned counsel for the Petitioner submits that
being not satisfied with the award passed under Section 11 of the
Act, the Petitioner filed an application to refer the matter to the
Civil Court for enhancement of compensation. Accordingly, the
matter was referred to the learned Civil Judge (Senior Division),
Nuapada under Section 18 of the Act and was registered as LAR
Case No.7 of 2021. The said reference was disposed of vide
judgment dated 9th July, 2025. Thus, the Special Land Acquisition
Officer, Lower Indra Irrigation Project wrote to the Administrative
Department, namely, Director (R & R)-cum-Special Secretary to
Government, Department of Water Resources, Odisha vide letter
dated 11th September, 2025 to accord sanction for release of the
compensation amount in terms of judgment passed in the reference
(LAR Case No.7 of 2021). Till date, no sanction has been received
from the Administrative Department.
3.1. In the meantime almost six months have already elapsed.
Thus, the Petitioner finding no other alternative has filed this writ
application for the aforesaid relief.
4. Mr. Dash, learned Additional Standing Counsel, on
instruction, submits that sanction for release of amount as awarded
in LAR Case No.7 of 2021 has not been given by the
Administrative Department. On receipt of the said sanction order
from the Department, the amount shall be released in favour of the
Petitioner along with the statutory dues forthwith.
5. Taking into consideration the submissions made by learned
counsel for the parties, this Court finds that the judgment in LAR
Case No.7 of 2021 under section 18 of the Act was passed on 9th
July, 2025. The Special Land Acquisition Officer, Lower Indra
Irrigation Project, Khariar vide his letter No.1599 dated 11th
September, 2025 issued letter to the Director (R & R)-cum-Special
Secretary to Government, Department of Water Resources, to
accord sanction for release of the amount. Till date no sanction has
been accorded.
5.1. The Petitioner has lost his valuable property and has been
awarded a sum of Rs.34,37,565/- along with the statutory dues. The
same should be released in favour of the Petitioner at the earliest.
6. Accordingly, this Court directs the Principal Secretary to
Government, Water Resources Department, Odisha, Bhubaneswar
(Opposite Party No.1) to take steps to accord approval for release of
the aforesaid amount as expeditiously as possible, preferably by end
of April, 2026, if there is no legal impediment. Upon receipt of the
sanction order, the amount shall be released in favour of the
Petitioner by the Special Land Acquisition Officer, Lower Indra
Irrigation Project, Khariar forthwith verifying his entitlement and
on proper acknowledgement.
7. The writ petition is disposed of accordingly.
8. Issue urgent certified copy of this order on proper
application.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
Judge
Himansu
Signed by: HIMANSU SEKHAR DASH
