Madhab Majhi Vs State of Odisha — Land Acquisition | Orissa HC (2025)

Madhab Majhi Vs State of Odisha — Land Acquisition | Orissa HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to Opposite Party No.3 to dispose of the Petitioner's application under section 28-A of the Land Acquisition Act, 1894 in accordance with law, as expeditiously as possible, preferably by end of September, 2025, and communicate the decision forthwith; if the Petitioner is found entitled to enhanced compensation in terms of the judgment in LAR No.21 of 2021, the differential amount along with other statutory dues shall be released, preferably by end of December, 2025.

Issue for consideration

Whether the Petitioner's application under section 28-A of the Land Acquisition Act, 1894, lying undisposed with the Special Land Acquisition Officer & RRO, Lower Indra Irrigation Project, Khariar (Opposite Party No.3), should be directed to be disposed of, and consequential relief regarding release of enhanced/differential compensation in terms of the judgment in LAR No.21 of 2021.

Court's answer

This Court finds that the sanction order in connection with LAR No.21 of 2021 has already been received by Opposite Party No.3.

Ratio / Principle

Without expressing any opinion on the merit of the Petitioner's section 28-A application, the writ petition is disposed of with a direction that the petition under section 28-A of the Act shall be disposed of in accordance with law, as expeditiously as possible, preferably by end of September, 2025, and the decision 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.21 of 2021, the differential amount along with other statutory dues shall be released in favour of the Petitioner, as expeditiously as possible, preferably by end of December, 2025.ratio¶21

Detailed headnote1 paragraphs

Writ petition disposed of. The Special Land Acquisition Officer & RRO, Lower Indra Irrigation Project, Khariar (Opposite Party No.3) was directed to dispose of the Petitioner's application under section 28-A of the Land Acquisition Act, 1894 for redetermination of compensation — filed in terms of the judgment dated 18th April, 2024 in LAR No.21 of 2021 (village Jhalkusum, District Nuapada, arising from acquisition under Notification No.23428 dated 16.05.2001 under section 4(1) of the Act) — in accordance with law, as expeditiously as possible, preferably by end of September, 2025, with the decision to be communicated to the Petitioner forthwith. If the Petitioner is found entitled to enhanced compensation in terms of LAR No.21 of 2021, the differential amount along with other statutory dues is to be released, preferably by end of December, 2025. The Court expressly refrained from expressing any opinion on the merit of the section 28-A application.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.15305 of 2025

Madhab Majhi

…. 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

24.07.2025

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.21 of 2021 of village Jhalkusum in the District of Nuapada referred under section 18 of the Act was disposed of vide judgment dated 18^th April, 2024 enhancing the compensation. Since the land of the Petitioner was acquired under the same Notification No.23428 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.21 of 2021. The said application was not disposed of within a reasonable time for which the Petitioner has approached this Court in the present writ petition.

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Considering the grievance of the Petitioner, this Court vide Order dated 18.06.2025 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.21 of 2021. Hence, the Special Land Acquisition Officer & RRO, Lower Indra Irrigation Project, Khariar vide his Letter No.1053 dated 08.07.2025 has prayed for grant of reasonable time to dispose of the application filed by the Petitioner under section 28-A of the Act.

Considering the submissions made by the learned counsel for the parties, this Court finds that sanction order in connection with LAR No.21 of 2021 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 September, 2025 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.21 of 2021, 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 December, 2025.

Signature Not Verified Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 28-Jul-2025 17:07:50

(K.R. Mohapatra) Judge

(Savitri Ratho) Judge

Himansu

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