[Cites 3, Cited by 0]
Orissa High Court
Bishnu Prasad Sahoo vs State Of Odisha on 13 March, 2026
Author: B.P. Routray
Bench: B.P. Routray
Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 17-Mar-2026 20:42:15
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.477 of 2020
(Under Article 226 and 227 of the Constitution of India)
Bishnu Prasad Sahoo .... Petitioner
-versus-
State of Odisha, represented
through its Secretary, Department
of Housing and Urban ... Opposite Parties
Development Department and
Others
Advocate(s) appeared in this case:-
For Petitioner : Mr. Shib Shankar Mohanty,
Advocate
For Opp. Parties : Mr. U.R. Jena, A.G.A.
Mr. Gautam Misra, Senior Counsel
for O.P. No.2, 3 & 4.
CORAM: JUSTICE B.P. ROUTRAY
JUDGMENT
13th March, 2026
B.P. Routray, J.
1. Heard Mr. S.S. Mohanty, learned counsel for the petitioner, Mr.
G. Misra, learned senior counsel for opposite parties No.2, 3 and 4 and
Mr. U.R. Jena, learned AGA for State - opposite party No.1. No one
appears on call for opposite parties No.5 and 6 despite the name of
learned counsel is indicated in the list.
Location: High Court of Orissa, Cuttack
2. The petitioner‟s case is that a water pipe line in connection with
the project work has been laid underground in the land of the petitioner
in Plot No.2110 without his consent. Accordingly the petitioner
approached opposite parties No.2, 3 and 4 claiming damage caused due
to such lying of the pipeline underground in his plot and the
representation of the petitioner dated 27th November, 2019 is still
pending before the opposite parties No.2, 3 & 4.
3. Opposite parties No.2, 3 & 4 are the private executing agencies
who have been engaged for the project work namely „Improvement of
Water Supply to Greater Berhampur‟ (also known as Janivilli Water
Supply Project). According to said opposite parties the authority liable to
pay compensation is opposite party No.1, who is the State authority and
they have only laid the pipeline being the executing agencies.
4. The State has filed its counter admitting lying of underground
water pipe through the land of the petitioner in Plot No.2110. It is further
admitted that the pipeline having 1100 mm diameter for supply of water
to Berhampur city under the aforementioned project has been laid
underground through the land of petitioner for better management and to
avoid unnecessary traffic. The said pipeline has been laid at a depth of
one meter below the natural soil level up-to length of 50 meters in Plot
Location: High Court of Orissa, Cuttack
No.2110 thereby occupying 55 square meter of land in Plot No.2110
belonging to the petitioner. In this regard paragraph-8 of the counter
affidavit filed by State is relevant to be reproduced here. The same reads
as follows:-
"8. That with regard to averments made in paragraph-4 of
the writ petition, it is respectfully submitted that as per
Advocate‟s notice dated 27.11.2019 and 23.9.2019, the
Executive Agency of the project i.e. M/s.L&T Ltd. Mumbai, has
conducted field enquiry and submit enquiry report to the
Advocate that there was no drain in the suit plot of the petitioner
in which the pipe line is laid, for which getting compensation for
its damage on construction of the pipeline does not arise.
There has been acute scarcity of drinking water for last
couple of decades in Berhampur City. As such, the Government
of Odisha has taken up the Mega ambitious project
"Improvement of water supply to Greater Berhampur"(also
known as Janivilli Water Supply Project) to get rid of water
scarcity. Under the said project, there is provision of laying of
1100 mm diameter pipeline for supply of water to the
Berhampur City. The original alignment for laying of pipeline is
the only cement concrete main road passing through thickly
populated residential area, market place and School area. Due to
crowded market area, narrow road, heavy vehicular traffic and
inadequate working place in original alignment to accommodate
heavy machineries such as JCB, Hitachi, Crane required for
laying of large diameter (1100 mm) pipeline and to avoid head
loss due to more bends for smooth flow of water and also
keeping in view the convenience and accident hazards of
Location: High Court of Orissa, Cuttack
commutes and residents, the alignment was shifted for laying of
pipeline in the barren land bearing Plot No.2110 under 132 KV
Electric power supply line on which patch of land, construction
of structure has been prohibited by Berhampur Development
Agency as per approved C.D.P. under Odisha Development
Authority(ODA) Act.
That the water supply pipeline in connection with the
Project "Improvement of water supply to Greater Berhampur"
has been laid at a depth of 1 meter below Natural Soil Level for
a length of 50 meter in plot No.2110 (having title and possession
in favour of the petitioner) of Bhabinipur Mouza under Kanisi
Tahasil of Ganjam distrit. The said plot bearing plot No.2100 is
under 132 KV line and kisam of the land is Bila Dofasali Eka.
As per approved Comprehensive Development Plan(CDP),
construction of building, structures is not allowed in the stretch
of land measuring 15 meter perpendicular to the center of 132
KV line on either side of the center of 132 KV line. Therefore,
the petitioner shall not be allowed to construct any building,
structures on the said patch of land bearing plot No.2110
measuring 50 meter in length and 15 meter in width on either
side of center of 132KV line which is existing in plot No.2110.
The said patch of land is laying barren. Therefore, the said
pipeline has been laid in some portion of the plot No.2110. It is
pertinent to mention here that no pipe has been laid in plots
bearing No.4452, 4453,4454,4456,4457 and 4534 and therefore,
question of any damage to such plots does not arise. As there
was no house in plot No.2110, the question of any damage of
any house does not arise due to laying of pipeline. Further, there
existed no drain on plot No.2110, the question of damage of
drain does not arise.
Location: High Court of Orissa, Cuttack
Before laying of pipeline over plot No.2110 of the
petitioner, Executive Engineer, PH Division(Project) Office,
Berhampur tried to contact the petitioner at the address i.e.
Kajibari Street, Berhampur after having known from the R.O.R.
downloaded from website, but in vain. Due to urgency and
larger interest of public, the pipeline of length 50 meter covering
an area of 55 square meter has been laid some portion of the said
plot.
It is an admitted fact that the petitioner is staying at
Bhubaneswar as is evident from his writ petition. The petitioner
came to the office of the Executive Engineer, PH Division
(Project), Berhampur one month after laying of pipeline on his
plot and the fact was intimated to him.
The pipeline laid for "Janivilli Water Supply Project"
starting from River Rushikulya at Janivilli to Berhampur Town
and inside the Berhampur Town is near about 75kms. This
higher diameter pipeline under water supply project is being laid
in Government land as well as in private land. Other land
owners in which the pipe line laid have neither claimed any
compensation nor have filed any case before the Court of law, as
it is a public project for supply of Drinking Water to the entire
City of Berhampur. But the petitioner has defeats the purpose of
supplying drinking water to the people of Berhampur City."
5. It is though submitted by Mr. Jena, learned AGA for State that
WATCO authorities, i.e. opposite parties No.5 and 6, are the concerned
authority to pay the compensation for damage in respect of laying the
pipeline, but nothing has been mentioned to that effect in the counter
affidavit of the State authority. On the other hand, WATCO authorities
Location: High Court of Orissa, Cuttack
have though entered appearance engaging their Lawyer but they have
neither filed the counter affidavit nor their Lawyer is present in course of
hearing.
6. Undoubtedly, the petitioner is entitled for compensation when his
land is affected by the action of State authorities in laying the water
pipeline underground. In the present case, it is admitted that 55 square
meter of land in Plot No.2110 belonging to the petitioner has been
affected by laying the water pipeline of diameter 1100 mm and till date,
despite the approach of the petitioner to different authorities, nothing has
been paid to him with regard to compensation. The State authority cannot
deny legitimate compensation to the aggrieved citizen for its action for
using private land for its purpose or for public purpose.
7. In the circumstances, as it is admitted that the pipeline has been
laid underground in the land of the petitioner covering 55 square meter,
the entitlement of the petitioner to get compensation thereof is bound to
be granted in his favour. Thus, this court without any hesitation directs
opposite party no.1 to work out the compensation in respect of damage
caused to the petitioner by laying such pipeline in his land, within a
period of six weeks from the date of receipt of certified copy of this order
and shall pay due compensation amount accordingly along with interest
Location: High Court of Orissa, Cuttack
@ 12% per annum with effect from December 2019 till the date of actual
payment including collateral damages, if any, and ancillary expenses,
within a period of four weeks thereafter.
8. With aforesaid observation and direction the writ petition is
disposed of.
( B.P. Routray)
Judge
M.K. Panda/P.A.
