Orissa High Court

WP(C)/32632/2021 of JYOTI PRAKASH RANA Vs STATE OF ODISHA on 13 July 2026

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of 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P. (C) NO.32632 OF 2021 Jyoti Prakash Rana …. Petitioner Mr. Subham Ghose, Advocate on behalf of Mr. Kirtan Badhei, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel CORAM:

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C) NO.32632 OF 2021

Jyoti Prakash Rana

….

Petitioner

Mr. Subham Ghose, Advocate

on behalf of Mr. Kirtan Badhei, Advocate

-versus-

State of Odisha and others

….

Opp. Parties

Mr. Swayambhu Mishra,

Additional Standing Counsel

CORAM:

HON’BLE MR. JUSTICE K.R. MOHAPATRA

HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO

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ORDER

Order No. 13.07.2026

14.

1. This matter is taken up through Virtual Mode.

2. A copy of the written instruction provided by Engineer-in- Chief (Civil-cum-Roads), Odisha, Bhubaneswar along with enclosures is filed by Mr. Mishra, learned Additional Standing Counsel for reference of this Court, which is taken on record.

3. The Petitioner has filed this writ petition seeking direction to the Executive Engineer, (R & B) Division, Baragada-Opposite Party No.4 to pay and disburse the compensation amount of Rs.9,50,000/- for dismantling the super structure as per the direction of the opposite parties within a stipulated time.

4. Mr. Subham Ghose, learned counsel being authorized by Mr. Badhei, learned counsel for the petitioner submits that the Executive Engineer, (R & B) Division, Bargarh-Opposite Party

No.4 vide letter dated 24th April, 2020 requested the Petitioner to dismantle the structure over Plot No.157, Khata No.95/2 and Plot No. 157/1744, Khata No.95/82 for construction of Biju Expressway. In the said letter, it was indicated that the construction of approach road is highly essential before rainy season, for which the petitioner was requested to dismantle his residential house at an early date and to allow construction work over the said land in the best interest of the public. Giving due regard to the request made by the Executive Engineer, (R & B) Division, Bargarh, the Petitioner undertook the work of dismantling the structure over the aforesaid plot to facilitate construction of Biju Expressway but till date he has not been paid the dismantling charges. Therefore, the writ petition has been filed.

5. In the counter affidavit filed by Opposite Party Nos.1,2 and 4 it was stated at paragraphs 5 and 6 as under: “5. Xxxxxxxxxxx In the mean time the opposite party No. 4 has already purchased the land available No.95/82 of plot No.157/1744 on payment of due compensation amount to the petitioner on 19.05.2020.

6. That in reply to the averments made in Paragraph No. 2 of the writ petition, it is humbly submitted that the compensation amount toward the cost of land structure available under Khata No.95/2 of Plot No. 157 and Khata No. 95/82 of Plot No. 1744 have been provided to the petitioner on 21.11.2019 and 19.05.2020 respectively, as per "Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act-2013. ”

It was thus contended by learned State Counsel that since the compensation amount so far as the land and building are concerned have already been disbursed in favour of the Petitioner on 21st

November, 2019 and 19th May, 2020. Thus, the Petitioner was not entitled to receive any further compensation. So far as the demand raised by the Petitioner for payment of Rs.9,50,000/- towards dismantling charges no material was placed on record as to how the same could be determined. Further, in the counter affidavit, nothing has been stated with regard to the procedure of determining such amount.

6. The matter was heard on several occasions. Further, it was also sent to the High Court Mediation Centre to work out the possibility of mediation between the parties. However, failure report was submitted by the learned Mediator vide his letter dated 30th August, 2025. Hence, this Court vide order dated 17th September, 2025 provided another opportunity to the Executive Engineer, (R & B) Division, Baragada to settle the matter with the Petitioner and directed the Petitioner to cooperate for settlement of the matter.

7. In due course, a settlement has been arrived at between the parties and sanction for payment of Rs.6,00,000/- (Rupees Six Lakh only) was issued by the Government of Odisha, Works Department vide letter No.12657/W dated 9th July, 2026. It is submitted at the Bar that the amount of Rs.6,00,000/- has been paid to the Petitioner vide cheque No.046623 dated 10th July, 2026 drawn on State Bank of India, Baragada Branch, Baragada.

8. Mr. Ghose, learned counsel being authorized by Mr. Badhei, learned counsel for the Petitioner submits that the Petitioner has already received the same towards full and final settlement of his dues for dismantling the super structure over the aforesaid land in question.

9. In view of the above, no further direction is required to be issued in the case in terms of the prayer made.

10. Accordingly, the writ petition is disposed of.

(K.R. Mohapatra)

Judge

(Mruganka Sekhar Sahoo)

Judge

Jyostna/Radha Digitally Signed Signed by: JYOSTNARANI MAJHEE Reason: Authentication Location: OHC Date: 14-Jul-2026 12:59:38 Signature Not Verified

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