WRIT PETITION 23830 of 2025 on 16 May 2001

1. This matter is taken up through hybrid mode.

2. The grievance of the Petitioner, in this writ application, is with regard to inaction of the Special Land Acquisition Officer & R.R.O., Lower Indra Irrigation Project, Khariar (Opposite Party No.2) in disposing of his application filed under section 28-A of the Land Acquisition Act, 1894 (for brevity, ‘the Act’).

3. It is submitted by Mr. Samantaray, learned counsel for the Petitioner that LAR No.72 of 2009 of village Kalimati in the District of Nuapada referred under section 18 of the Act was disposed of vide judgment dated 30[th] November, 2022 enhancing the compensation. Since the land of the Petitioner was acquired under the same Notification No.23409 dated 16.05.2001 under section 4(1) of the Act, the Petitioner filed an application issued under section 28-A of the Act for redetermination of compensation for acquisition of his land in terms of judgment in LAR No.72 of 2009. The said application was not disposed of within a reasonable time for which the Petitioner has approached this Court in the present writ petition.

Considering the grievance of the Petitioner, this Court vide Order dated 11.09.2025 directed learned State Counsel to take instruction with regard to current status of the petition filed by the Petitioner under section 28-A of the Act.

4. Mr.Mishra, learned Additional Standing Counsel, on receiving written instruction from the Opposite Party No.2, submits that the Government in the Department of Water Resources, Odisha, Bhubaneswar, has communicated the sanction order in connection with the judgment in LAR No.72 of 2009. Hence, the Special Land Acquisition Officer & R.R.O., Lower Indra Irrigation Project, Khariar vide his Letter No.1797 dated 09.10.2025 stated that large number of similar nature of cases are pending in the Office of the Opposite Party No.2 and thus cases are being dealt with serially. The written instruction of the Opposite Party No.2 vide Letter No.1797 dated 09.10.2025 filed by Mr. Mishra, learned Additional Standing Counsel is taken on record.

5. Considering the submissions made by the learned counsel for the parties, this Court finds that sanction order in connection with LAR No.72 of 2009 has already been received by Opposite Party No.2.

Hence, this Court without expressing any opinion on the merit of the case of the Petitioner in the application under section 28-A of the Act, disposes of the writ petition with a direction that the petition under section 28-A of the Act, filed by the Petitioner shall be disposed of in accordance with law, as expeditiously as possible, preferably by end of January, 2026 and decision thereof be communicated to the Petitioner forthwith. If the Petitioner is found to be entitled to the enhanced compensation in terms of judgment passed in LAR No.72 of 2009, then the differential amount along with other statutory dues shall be released in favour of the Petitioner, as expeditiously as possible, preferably by end of April, 2026.

(K.R. Mohapatra)

Judge

Himansu

(Savitri Ratho)

Judge

Signature Not Verified

Digitally SignedSigned by: HIMANSU SEKHAR DASHReason: AuthenticationLocation: OHCDate: 15-Oct-2025 18:19:23