Orissa High Court
WP(C)/12490/2026 of NAMITA MAJHI Vs STATE OF ODISHA on 21 July 2026
HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.12490 OF 2026 Namita Majhi …. Petitioner Mr. Gopal Chandra Das, Advocate -versus- State of odisha and others …. Opp. Parties Mrs. Suman Pattnayak, Additional Government Advocate CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.12490 OF 2026
Namita Majhi
….
Petitioner
Mr. Gopal Chandra Das, Advocate
-versus-
State of odisha and others
….
Opp. Parties
Mrs. Suman Pattnayak,
Additional Government Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SANJAY KUMAR MISHRA
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ORDER
Order No. 21.07.2026
02.
1. This matter is taken up through hybrid mode.
2. The Petitioner in this writ petition prays for a direction to the Opposite Parties to sanction and disburse the compensation amount in favour of the Petitioner pursuant to order dated 16th September, 2019, passed by learned Civil Judge (Senior Division), Bhawanipatna in L.A.R. No.116 of 2018, in a reference under Section 18 of the Land Acquisition Act, 1894 (for brevity, 'the Act').
3. Mr. Das, 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 the land acquisition compensation. Accordingly, the matter was referred to the Court of learned Civil Judge (Senior Division), Bhawanipatna and was registered as L.A.R. No.116 of 2018. The said reference under Section 18 of the Act was disposed of vide order dated 16th September, 2019 (Annexure-1) enhancing the compensation.
4. Mr. Das, learned Counsel for the Petitioner further submits that although the order for enhancement of compensation was passed on 16th September, 2019, the Petitioner has not yet received the compensation in terms of the said order. Thus, finding no other alternative, the Petitioner has filed this writ petition for the aforesaid relief.
5. Taking into consideration the case of the Petitioner, this Court, vide order dated 19th May, 2026, directed the learned State Counsel to take instruction with regard to the status of disbursal of compensation in favour of the Petitioner in terms of order passed in L.A.R. No.116 of 2018. Accordingly, the Special Land Acquisition Officer, Upper Indravati Irrigation Project, Kusumkhunti, Kalahandi vide letter no.673/UIIP dated 17.07.2026, imparted instruction that the administrative department has already been communicated vide office letter no.177/WE dated 15.02.2020 to accord sanction of the awarded amount, which is yet to be received.
6. Mrs. Pattanayak, learned Additional Government Advocate, on instruction, submits that the Special Land Acquisition Officer, Upper Indravati Irrigation Project, Kusumkhunti in the district of Kalahandi has sought for sanction of the Water Resources Department, Government of Odisha for disbursal of the compensation to the Petitioner in terms of order passed in L.A.R. No.116 of 2018. The same is yet to be received. On receipt of order of sanction, the compensation along with statutory dues shall be paid to the Petitioner forthwith.
7. Taking into consideration the submissions made by the learned Counsel for the parties and on perusal of records, this Court finds that the order enhancing the compensation was passed by the learned Civil Judge (Senior Division), Bhawanipatna on 16th September, 2019 in L.A.R. No.116 of 2018 under Section 18 of the Act. Although more than six years have already elapsed in the meantime, the compensation in terms of the aforesaid order has not been released in favour of the Petitioner along with the interest and other statutory dues.
8. In view of the above, this Court directs the Director (R & R)-Cum- ex-officio Special Secretary, Water Resources Department, Government of Odisha, Bhubaneswar (Opposite Party No. 2) to accord sanction for disbursal of the amount in terms of order dated 16th September, 2019, passed by the learned Civil Judge (Senior Division), Bhawanipatna in L.A.R. No.116 of 2018, as expeditiously as possible, preferably by end of October, 2026 and upon receipt of such order of sanction, the enhanced compensation amount along with interest and statutory dues shall be paid to the Petitioner as expeditiously as possible preferably by end of January, 2027 on verification of his entitlement and proper acknowledgement.
9. With the aforesaid observation and direction, the writ petition is disposed of accordingly.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
Banita
Judge Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 22-Jul-2026 17:20:21 Signature Not Verified