WP(C)/10725/2026 of LAL @ LALA CHINDA Vs STATE OF ODISHA on 14 July 2026

JUDGMENT

By the Bench

1. This matter is taken up through hybrid mode.

2. Petitioner in this Writ Application seeks to assail the order of rejection dated 16th February, 2026 (Annexure-6) passed by the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar (Opposite Party No.3) in rejecting an application under

Section 28-A of the Land Acquisition Act, 1894 (for brevity, ‘the Act’).

3. Mr. Behera, learned counsel for the Petitioner submits that on acquisition of the land of the Petitioner, a land acquisition proceeding was initiated and award under Section 11 of the Act was passed. One of the land losers, whose land was acquired under notification under Section 4(1) of the Act, being not satisfied with the quantum of award, filed an application which was referred to the Court of Civil Judge (Senior Division), Khariar under Section 18 of the Act and was registered as L.A.R. No.249 of 2017. In the reference, the compensation was enhanced. The land of the Petitioner having acquired under the same notification, i.e., Notification No.15266 dated 26th March, 2001 published under Section 4(1) of the Act, the Petitioner instead of filing an application to refer the matter to the Civil Court, filed an application under Section 28-A of the Act before the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar (Opposite Party No.3). Since the application of the Petitioner was not disposed of the Petitioner moved this Court in W.P.(C) No.17068 of 2025, which was disposed of on 23rd July, 2025 with a direction to the Special Land Acquisition and RR Officer, 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 September, 2025. Instead of considering the application of the Petitioner on merit, the Special Land Acquisition Officer (Opposite Party No.3) rejected the application of the Petitioner filed under Section 28-A of the Act and communicated the same to the Petitioner vide Letter No.298 dated 16th February, 2026 (Annexure-6). Being aggrieved, this Writ Petition has been filed.

4. Mr. Behera, learned counsel for the Petitioner submits that the application of the Petitioner under Section 28-A of the Act was rejected on a flimsy ground that the Petitioner could not produce the certified copy of the judgment passed in L.A.R. No.249 of 2017. Such a ground would not sustain as the Opposite Party No.3 had the entire record of the Land Acquisition Proceeding with him for consideration of his application under Section 28-A of the Act.

4.1. It is also submitted that no communication was ever made to the Petitioner to produce the certified copy of the judgment passed in L.A.R. No.249 of 2017. The impugned order under Annexure-6 has been passed only to harass the Petitioner and to deprive him from getting a legitimate compensation. He therefore, prays for a direction to set aside the order under Annexure-6 and also to direct the Special Land Acquisition and RR Officer, Lower Indra Irrigation Project, Khariar (Opposite Party No.3) to consider his application under Section 28-A of the Act on merit within a stipulated period.

5. The matter was initially taken up on 22nd April, 2026, when learned State Counsel was directed to take instruction in the matter. On the next date, i.e., on 23rd June, 2026, the Special Land Acquisition and RR Officer, Lower Indra Irrigation Project, Khariar imparted written instruction vide letter No.1317 dated 12th June, 2026. On perusal of the written instruction, this Court observed that the application under Section 28-A of the Act filed by the Petitioner was rejected on a flimsy ground. Further, this Court was of the prima facie view that the impugned order under Annexure-6 was passed without application of mind by the Opposite Party No.3. Hence, this Court directed Mr. Kailash Chandra Das, the Special Land Acquisition and RR Officer, Lower Indra Irrigation Project, Khariar (Opposite Party No.3) to appear today in person to assist the Court and give explanation for rejection of the application of the Petitioner under Section 28-A of the Act for non-production of the certified copy of the judgment in L.A.R. No.249 of 2017.

6. Mr. Mishra, learned Additional Standing Counsel, on instruction, submits that in order to compute the period of limitation, the Petitioner was required to produce the certified copy of the judgment in L.A.R. No.249 of 2017. Since the Petitioner did not produce the same the Opposite Party No.3 rejected the application under Section 28-A of the Act.

7. On being asked, Mr. Kailash Chandra Das, the Special Land Acquisition and RR Officer, Lower Indra Irrigation Project, Khariar, who is present in person, submits that he had never intimated the Petitioner to produce the certified copy of the judgment in L.A.R. No.249 of 2017. Perusal of impugned order does not reveal that the Opposite Party No.3 required the certified copy of the judgment in L.A.R. No.249 of 2017 for computation of period of limitation. Neither any opportunity was afforded to the Petitioner to produce the certified copy of the judgment in L.A.R. No.249 of 2017, if required, nor was any opportunity of hearing also provided. That apart, vide order dated 4th August,

2025 (Annexure-5) passed in W.P.(C) No.17068 of 2025, this Court directed the Special Land Acquisition and RR Officer, Lower Indra Irrigation Project, Khariar to dispose of the application filed by the Petitioner under Section 28-A of the Act, preferably by end of December, 2025. But, the impugned order by rejecting the petition under Section 28-A was passed on 7th February, 2026 (Annexure-6). No extension of time was sought for by the Opposite Party No.3 for disposal of the application under Section 28-A of the Act. In view of the unreasonable and unjustified action of the Opposite Party No.3, the Petitioner was made to suffer and approach this Court repeatedly to get the enhanced compensation under Section 28-A of the Act.

8. On perusal of the impugned order, this Court finds that the same is not sustainable in view of the reasons stated above. Hence, we set aside the order under Annexure-6 and direct the Special Land Acquisition and RR Officer, Lower Indra Irrigation Project, Khariar to dispose of the application filed by the Petitioner under Section 28-A of the Act afresh giving opportunity of hearing to him, as expeditiously as possible, preferably by end of August, 2026. The harassment caused to the Petitioner was due to unreasonable action of the Special Land Acquisition and RR Officer, Lower Indra Irrigation Project, Khariar (Opposite Party No.3). Hence, he is also directed to pay a cost of Rs.5,000/- (rupees five thousand) to the Petitioner from his own pocket within twenty-one days hence, failing which, a suo motu contempt proceeding will be initiated against him.

9. With the aforesaid observation and direction, the writ petition is disposed of.

Urgent certified copy of this judgment be granted on proper application.

(K.R. Mohapatra)

Judge

(S.K. Mishra)

Judge The High Court of Orissa, Cuttack Dated the 14th day of July, 2026/ Sipra

Digitally Signed Signed by: SIPRA MUDULI Reason: Authentication Location: OHC, Orissa Date: 21-Jul-2026 10:47:55 Signature Not Verified