WP(C)/9758/2026 of SHYAMSUNDAR PATEL Vs STATE OF ODISHA on 8 July 2026

ORDER

Order No. 08.07.2026

02.

1. This matter is taken up through hybrid mode.

2. Grievance of Petitioners, in this writ petition, is with regard to inaction of the Director, (R&R)-cum- Ex-Officio Special Secretary to Government in the Department of Water Resources (Opposite Party No.2) in sanctioning the estimate submitted by the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar in terms of the award dated 8th April, 2024 passed by the learned Civil Judge (Sr. Division), Nuapada in LAR Case No.222/2017 in a reference under Section 18 of the Land Acquisition Act, 1894 (for brevity, ‘the Act’).

3. Mr. Behera, learned counsel for the Petitioners submits that the land of the Petitioners was acquired under the provisions of the Act. Being not satisfied with the award passed under Section 11 of the Act, he filed an application for enhancement of compensation and the matter was referred to the Court of learned Civil Judge (Sr. Division), Nuapada in a reference under Section 18 of the Act and was registered as LAR No.222 of 2017. Learned Civil Judge (Sr. Division) Nuapada vide his judgment dated 8th April, 2024 enhanced the compensation and directed the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar to pay the same to the Petitioner. Pursuant to the said direction, the Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar submitted the estimate to the Administrative Department, i.e., Department of Water Resources, Government of Odisha for sanction. It is submitted that the matter is still pending with the Director (R&R) & Ex-Officio Special Secretary to Government in the Department of Water Resources, Government of Odisha awaiting sanction of the estimate submitted by the Special Land Acquisition Officer. Hence, the Petitioners finding no other alternative have filed this writ application.

4. Taking note of the grievance made by the Petitioners in the writ petition, this Court vide order dated 16th April, 2026 directed the learned State Counsel to take instruction in the matter.

5. Mr. Biswal, learned Additional Standing Counsel places on record the written instruction provided by the Director (R&R) & Ex-Officio Special Secretary to Government, Department of Water Resources, Government of Odisha communicated vide letter No.20172 dated 8th July, 2026 wherein the Director has sought for two months time for necessary compliance and implementation of the order in the reference. Copy of the said written instruction is taken on record.

6. In view of the above, this Court disposes of the writ petition with a direction to the Director (R&R) & Ex-Officio Special Secretary, Department of Water Resources, Government of Odisha, Bhubaneswar (Opposite Party No.2) to accord necessary sanction, as expeditiously as possible, preferably by end of September, 2026. The Special Land Acquisition Officer, Nuapada on receipt of such sanction is directed to release the amount in favour of the Petitioners on proper acknowledgment and verification of their entitlement, as expeditiously as possible, preferably by end of November, 2026.

7. Issue urgent certified copy of this order on proper application as per rules.

(K.R. Mohapatra)

Judge

Himansu

(S.K. Mishra)

Judge Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 09-Jul-2026 19:32:22 Signature Not Verified