Orissa High Court
WP(C)/1028/2026 of JAGATA GOUD Vs STATE OF ODISHA on 7 July 2026
of 4 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 1028 OF 2026 Jagata Goud and another …. Petitioners Mr. Gopal Chandra Das, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 1028 OF 2026
Jagata Goud and another
….
Petitioners
Mr. Gopal Chandra Das, Advocate
-versus-
State of Odisha and others
….
Opp. Parties
Mr. Swayambhu Mishra,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SANJAY KUMAR MISHRA
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ORDER
Order No. 07.07.2026
4.
1. This matter is taken up through hybrid mode.
2. Pursuant to the order dated 19th May, 2026, Mr. Chinmaya Kumar Nayak, the Special Land Acquisition & Rehabilitation and Resettlement Officer, Ret Irrigation Project, Kusumkhunti, Kalahandi-Opposite Party No.3 is present in Court and undertakes to implement the judgment dated 23rd May, 2025 (Annexure-1) passed by the Presiding Officer, LAR & R Authority, Berhampur in LAR & R Case No.150 of 2023 immediately after sanction is received.
2.1 Personal appearance of Mr. Chinmaya Kumar Nayak, the Special Land Acquisition & Rehabilitation and Resettlement Officer, Ret Irrigation Project, Kusumkhunti, Kalahandi-Opposite Party No.3 is dispensed with.
3. Mr. Mishra, learned Additional Standing Counsel places on record the copy of the written instruction of the Director (R & R) & Ex-Officio, Special Secretary to Government, Department of
Water Resources issued vide Letter No.19998 dated 7th July, 2026. In the said letter, it is indicated that the order shall be complied and implemented within one month. Copy of the said written instruction is taken on record.
4. Mr. Das, learned counsel for the Petitioners submits that this writ petition has been filed by the Petitioners alleging inaction of the Land Acquisition and Rehabilitation Officer, Ret Irrigation Project, Kusumkhunti, Kalahandi-Opposite Party No.3 in disbursing the compensation amount pursuant to the judgment dated 23rd May, 2025 (Annexure-1) passed by the Presiding Officer, LAR & R Authority, Berhampur in LAR & R Case No.150 of 2023.
4.1. It is submitted that the land acquisition compensation awarded in favour of the Petitioners being inadequate, the Petitioners filed an application under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for brevity ‘the Act’). Accordingly, the matter was referred to the LAR & R Authority, Berhampur and LAR & R Case No.150 of 2023 was registered on his file. The Presiding Officer, LAR & R Authority, Berhampur upon consideration of the rival claims of the parties as well as material on record, enhanced the compensation vide his judgment dated 23rd May, 2025. Since then, the Petitioners are waiting for receiving compensation, but to no avail. As such, the Petitioners, being aggrieved by the said inaction, have filed this writ petition for the aforesaid relief.
5. Taking into consideration of the grievance of the Petitioners, this Court vide order dated 5th February, 2026, directed learned State Counsel to take instruction with regard to the status of disbursal of compensation in favour of the Petitioners in terms of the order passed in the reference under Section 64 of the Act. Since no instruction was imparted by Opposite Party No.3 within the stipulated period, this Court vide order dated 26th March, 2026 again granted time till 19th May, 2026 to impart instruction. In spite of the same, the Opposite Party No.3 did not impart instruction to learned State Counsel. Hence, vide order dated 19th May, 2026, this Court directed that if the instruction is not received within a period of four weeks from the date of the order, the Land Acquisition and Rehabilitation Officer, Ret Irrigation Project, Kusumkhunti, Kalahandi-Opposite Party No.3 shall appear in person on 7th July, 2026 (today) at 10.30 A.M. to assist the Court for final disposal of the writ petition.
6. Mr. Mishra, learned Additional Standing Counsel, on instruction, submits that the matter is pending with the Administrative Department and upon receipt of the sanction, the compensation in terms of the judgment in LAR & R Case No.150 of 2023 shall be released in favour of the Petitioners forthwith.
7. Taking into consideration the submissions made by learned counsel for the parties and undertaking given by Mr. Chinmaya Kumar Nayak, the Special Land Acquisition & Rehabilitation and Resettlement Officer, Ret Irrigation Project, Kusumkhunti, Kalahandi-Opposite Party No.3 so also the written instruction imparted by the Director (R & R) & Ex-Officio, Special Secretary to Govt., Department of Water Resources, this Court disposes of the writ petition with a direction that the sanction for release of compensation in terms of the judgment dated 23rd May, 2025
(Annexure-1) passed by the Presiding Officer, LAR & R Authority, Berhampur in LAR & R Case No.150 of 2023 shall be accorded by end of August, 2026 and the compensation amount along with statutory dues shall be released in favour of the Petitioners by end of September, 2026 without fail on proper acknowledgement and verification of his entitlement.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra)
Judge
(S.K. Mishra) ms
Judge