WP(C)/4427/2026 of LAXMIDHAR PRADHAN Vs SPECIAL LAND ACQUISITION OFFICER, KHORDHA ROAD BALANGIR on 8 July 2026

ORDER

Order No. 08.07.2026

03.

1. This matter is taken up through hybrid mode.

2. Petitioner, in this writ petition, seeks to assail the order dated 30th January, 2023 (Annexure-2) passed by the learned Presiding Officer, LAR & R Authority, Brahmapur in LAR & R Case No.60 of 2023. He also prays for releasing the compensation amount of Rs.44,35,922/- (Rupees Forty Four Lakhs Thirty Five Thousand Nine Hundred Twenty Two) in his favour.

3. Mr. Pradhan, learned counsel for the Petitioner submits that the land of the Petitioner was acquired for Khordha Road- Bolangir, New B.G. Rail Link Project, Boudh (for brevity, ‘the Project’) and an award for compensation was passed in his favour.

However, the Petitioner was not paid the awarded amount of Rs. 44,35,922/- (Rupees Forty Four Lakhs Thirty Five Thousand Nine Hundred Twenty Two). Further on a petition filed by the Land Acquisition Zone Officer of the project, the compensation amount has been directed to be deposited before the LAR & R Authority, Brahmapur in LAR & R Case No.60 of 2023 vide order dated 30th January, 2023. Assailing the same, this writ petition has been filed.

4. It is submitted that since the land acquisition compensation has been awarded in favour of the Petitioner, the same should have been released in his favour without any objection. But in view of the petition filed by the Land Acquisition Zone Officer of the Project, the matter has been referred to the LAR & R Authority under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for brevity, ‘the Act’) and entertaining such application filed under Section 77(2) of the Act, the amount has been directed to be deposited before the Authority. Hence, the Petitioner has filed this writ petition to set aside the order dated 30th January, 2023 and to release the compensation amount in his favour.

5. Mr. Biswal, learned Additional Standing Counsel, on instruction, submits that the Petitioner being the recorded tenant sold the land, in question, to one Sri Saroj Pradhan and other thirty six (36) persons. Thus, there is a dispute with regard to title of the land, in question, to receive the compensation. The copy of the

written instruction produced by Mr.Biswal, learned Additional Standing Counsel is taken on record.

6. Mr. Biswal, learned Additional Standing Counsel draws the attention of this Court to provision under Section 77(2) of the Act which reads as under:-

“77. Payment of Compensation or deposit of same in Authority

xxx

xxx

xxx

If the person entitled to compensation shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Authority to which a reference under section 64 would be submitted:

Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount:

Provided further that no person who has received the amount otherwise than under protest shall be entitled to make any application under sub-section (1) of section 64:

Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto.”

7. Since there is a dispute with regard to title to the property, the Land Acquisition Zone Officer of the Project filed an application under Section 77(2) of the Act to deposit the said amount with the Authority. Accordingly, the matter was referred to the LAR & R Authority under Section 64 of the Act and has been registered as LAR & R Case No.60 of 2023, which is pending for consideration. It is thus submitted that the Petitioner being the Respondent to the reference may appear and put forth his grievance before the Authority.

8. In view of such submission made by learned counsel for the parties, this Court finds that the Land Acquisition Zone Officer of the Project alleging dispute with regard to title over the land in question to receive the compensation had filed an application under Section 77(2) of the Act.

8.1. In view of the provision under Section 77(2) of the Act, as stated above, the matter had referred to the Authority under Section 64 of the Act and is pending before him in LAR & R Case No.60 of 2023. The Petitioner being a party to the said reference may appear and contest the reference.

9. Accordingly, the writ petition is disposed of without interfering with the order dated 30th January, 2023 passed by the Authority in LAR & R Case No.60 of 2023. The Petitioner, if so advised, may appear before the Authority and contest the reference to receive the compensation. It is made clear that this Court has not expressed any opinion on the merit of the case of either of the parties.

10. Learned Registrar (Judicial) shall communicate this order to the learned Presiding Officer, LAR & R Authority, Sambalpur for information and compliance, before whom the reference is pending at present.

(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