WP(C)/9910/2026 of DINABANDHU NIAL Vs STATE OF ODISHA on 20 July 2026

ORDER

Order No. 20.07.2026

03.

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 Special Land Acquisition & RR Officer, Lower Indra Irrigation Project, Khariar in the district of Nuapada in considering the application filed by the Petitioner under Section 28-A of the Land Acquisition Act, 1894 (For brevity, ‘the Act’), which was filed in terms of the judgment dated 04.07.2018 passed by the learned Civil Judge (Senior Division), Nuapada in LAR No.10 of 2013.

3. Mrs. Pattnaik, learned Additional Government Advocate places on record the copy of letter no.1480 dated 17.07.2026 issued by the Special Land Acquisition & RR Officer, Lower Indra Irrigation Project, Khariar, which indicates as follows:

Sub: WP(C) No.9900/2026 filed by Chauban Nial-Vrs.- State of Odisha and Others.

Sir,

In inviting a reference to the subject cited above, I am to say that Chauban Nial S/o-Pachin Nial of village Solobandh has filed petition u/s-28(A) of the LA Act, 1894 on 29.08.2018 referring the judgment dtd.04.07.2018 in LAR No.10/2013 relating to Khata No.7 of Mouza Komna for higher compensation. On scrutiny of the application, it is revealed that the Govt. in Water Resources Deptt., Odisha has communicated sanction order in connection with the referred judgement in LAR No.10/2013 vide order No.33495/WR dtd.27.12.2021. The similar types of cases are pending in this office and these cases are being dealt with serially basis and the decision will be taken on these cases and will be disposed within 06(Six) months on merits.

I would therefore request you to please appraise the facts to the Hon'ble High Court, Orissa, Cuttack and pray for 06 (Six) months' time for disposal of application u/s- 28(A) of the LA Act, 1894 on merit basis.

4. She however, submits that applications under Section 28-A of the Act are being considered serially and the application of the Petitioner shall be considered accordingly.

5. Mr. Behera, learned Counsel for the Petitioner however, submits that application under Section 28-A of the Act is pending with the Special Land Acquisition Officer since 2018 and in the meantime more than eight years have already elapsed. Due to non receipt of the adequate compensation, the Petitioner is suffering a lot.

6. Taking into consideration the submission made by learned Counsel for the parties, this Court without expressing any opinion on the merits of the case of the Petitioner in the application under Section 28-A of the Act disposes of the writ petition with a direction to the Special Land Acquisition & RR Officer, Lower Indra Irrigation Project, Khariar to dispose of the application filed by the Petitioner under Section 28-A of the Act, as expeditiously as possible, preferably by end of November, 2026.

7. If the Petitioner found eligible to receive the differential amount of re-determined compensation, the same shall be sanctioned and released in favour of the Petitioner, as expeditiously as possible, preferably by end of March, 2027 on proper verification of his entitlement and acknowledgement.

8. Urgent certified copy of this order be granted on proper application as per rules.

(K.R. Mohapatra)

Judge

(S.K. Mishra)

Judge Banita Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 21-Jul-2026 17:38:35 Signature Not Verified