Bijelal Sagaria Vs State of Odisha — Land Acquisition | Orissa HC (2025)

Bijelal Sagaria Vs State of Odisha — Land Acquisition | Orissa HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of without expressing any opinion on merits, with directions that the section 28-A application be disposed of in accordance with law preferably by end of January, 2026 and the decision communicated forthwith; and, if the Petitioner is found entitled to enhanced compensation in terms of the judgment in LAR No.251 of 2017, that the differential amount with other statutory dues be released preferably by end of March, 2026.

Issue for consideration

Whether the Petitioner's application under section 28-A of the Land Acquisition Act, 1894 for redetermination of compensation — pending with Opposite Party No.3 notwithstanding receipt of the sanction order for the benchmark award in LAR No.251 of 2017 — should be directed to be disposed of expeditiously and, if entitlement to enhanced compensation in terms of that judgment is established, the differential amount released.

Court's answer

The Court finds that the sanction order in connection with LAR No.251 of 2017 has already been received by Opposite Party No.3 (having been communicated by the Government in the Department of Water Resources, Odisha).

Ratio / Principle

Without expressing any opinion on the merits of the section 28-A application, the Court disposed of the writ petition with the direction that the petition be disposed of in accordance with law as expeditiously as possible, preferably by end of January, 2026, and that the decision be communicated to the Petitioner forthwith.

Key takeaways

If the Petitioner is found entitled to the enhanced compensation in terms of the judgment passed in LAR No.251 of 2017, the differential amount together with other statutory dues shall be released in his favour, as expeditiously as possible, preferably by end of March, 2026.ratio¶23

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack — W.P.(C) No.14459 of 2025 (order dated 18.09.2025; coram K.R. Mohapatra and Savitri Ratho, JJ.). The Petitioner, Bijelal Sagaria, complained of inaction by the Special Land Acquisition Officer & RRO, Lower Indra Irrigation Project, Khariar (OP No.3) in disposing of his application under S.28-A, Land Acquisition Act, 1894, for redetermination of compensation benchmarked to the judgment dated 22.06.2024 in LAR No.251 of 2017 (village Rajana, District Nuapada), all lands having been acquired under Notification No.15266 dated 26.03.2001 (S.4(1)). On instructions (Letter No.1627 dated 17.09.2025), OP No.3 reported that the sanction order for LAR No.251 of 2017 had been communicated by the Government (Department of Water Resources) and that numerous similar cases were being handled serially. Finding the sanction order received, the Court, without expressing any opinion on merits, disposed of the writ petition, directing disposal of the S.28-A application in accordance with law preferably by end of January, 2026 with the decision communicated forthwith, and, if entitlement to the enhanced compensation in terms of LAR No.251 of 2017 were established, release of the differential amount with other statutory dues preferably by end of March, 2026.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.14459 of 2025

Bijelal Sagaria

…. Petitioner

Mr.Dhananjaya Mund, Advocate

-versus-

State of Odisha and Others …. Opposite Parties

Mr.Sibanarayan Biswal, Additional Standing Counsel

CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO

ORDER

18.09.2025

Order No.

1. This matter is taken up through hybrid mode.

The grievance of the Petitioner, in this writ application, is with regard to inaction of the Special Land Acquisition Officer & RRO, Lower Indra Irrigation Project, Khariar (Opposite Party No.3) in disposing of his application filed under section 28-A of the Land Acquisition Act, 1894 (for brevity, ‘the Act’).

It is submitted by Mr. Mund, learned counsel for the Petitioner that LAR No.251 of 2017 of village Rajana in the District of Nuapada referred under section 18 of the Act was disposed of vide judgment dated 22^nd June, 2024 enhancing the compensation. Since the land of the Petitioner was acquired under the same Notification No.15266 dated 26.03.2001 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.251 of 2017. The said application was not disposed of within

Page 1 of 3

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 17.07.2025 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.

Mr.Biswal, learned Additional Standing Counsel, on receiving written instruction from the Opposite Party No.3, 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.251 of 2017. Hence, the Special Land Acquisition Officer & RRO, Lower Indra Irrigation Project, Khariar vide his Letter No.1627 dated 17.09.2025 stated that large number of similar nature of cases are pending in the Office of the Opposite Party No.3 and thus cases are being dealt with serially. The written instruction of the Opposite Party No.3 vide Letter No.1627 dated 17.09.2025 filed by Mr. Biswal, learned Additional Standing Counsel is taken on record.

Considering the submissions made by the learned counsel for the parties, this Court finds that sanction order in connection with LAR No.251 of 2017 has already been received by Opposite Party No.3.

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.251

Page 2 of 3

of 2017, 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 March, 2026.

(K.R. Mohapatra) Judge

(Savitri Ratho) Judge

Himansu

Signature Not Verified

Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 19-Sep-2025 16:49:19

Page 3 of 3