Orissa High Court
WP(C)/9956/2026 of BALADEV SABAR Vs STATE OF ODISHA on 17 July 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 9956 OF 2026 Baladev Sabar …. Petitioner Mr. Gopal Chandra Das, Advocate -versus- State of Odisha and others …. Opp. Parties Mrs. Jyoshnamayee Sahoo, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 9956 OF 2026
Baladev Sabar
….
Petitioner
Mr. Gopal Chandra Das, Advocate
-versus-
State of Odisha and others
….
Opp. Parties
Mrs. Jyoshnamayee Sahoo,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SANJAY KUMAR MISHRA
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ORDER
Order No. 17.07.2026
2.
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 Officer, Upper Indravati Irrigation Project, Kusumkhunti in the district of Kalahandi-Opposite Party No.3 in disposing of the application filed by the Petitioner under Section 28-A of the Land Acquisition Act, 1894 (for brevity ‘the Act’) in terms of the judgment dated 30th November, 2016 (Annexure-1) passed by learned Civil Judge (Senior Division), Bhawanipatna in LAR No.127 of 2016, initiated under Section 18of the Act.
3. Considering the grievance of the Petitioner, this Court vide order dated 22nd May, 2026, directed learned State Counsel to take instruction with regard to the status of the application filed by the Petitioner under Section 28-A of the Act.
4. Mrs. Sahoo, learned Additional Standing Counsel, on instruction from the Special Land Acquisition Officer, Upper Indravati Irrigation Project, Kusumkhunti vide Letter No.445/UIIP dated 15th July, 2026, submits that the Opposite Party No.3 requires three months’ time to dispose of the application filed by the Petitioner under Section 28-A of the Act. Copy of the written instruction is produced before this Court and is taken on record.
5. In view of the written instruction and upon hearing learned counsel for the parties, this Court disposes of the writ petition with a direction to the Special Land Acquisition Officer, Upper Indravati Irrigation Project, Kusumkhunti-Opposite Party No.3 to dispose of the application of the Petitioner filed under Section 28- A of the Act as expeditiously as possible, preferably by end of October, 2026.
5.1 In the event, the Petitioner is found entitled to re- determination of compensation, the recommendation for sanction of the re-determined amount shall be communicated forthwith to the Director (R&R)-cum-Ex-Officio, Special Secretary to Government, Water Resources Department, Bhubaneswar- Opposite Party No.2.
6. On receipt of such proposal, the Director (R&R)-cum-Ex- Officio, Special Secretary to Government, Water Resources Department, Bhubaneswar-Opposite Party No.2 shall do well to accord sanction by end of December, 2026 and the differential re- determination amount, if any, shall be disbursed in favour of the Petitioner as expeditiously as possible, preferably by end of February, 2027.
7. It is made clear that this Court has not expressed any opinion on the merits of the application filed by the Petitioner under Section 28-A of the Act.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra)
Judge
(S.K. Mishra) ms
Judge