Bholaram Harijan Vs State of Odisha

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

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It is submitted by Mr. Behera, learned counsel for the Petitioner that LAR No.25 of 2019 of village Belgaon in the District of Nuapada referred under section 18 of the Act was disposed of vide judgment dated 21^st September, 2024 enhancing the compensation. Since the land of the Petitioner was acquired under the same Notification No.54223 dated 17.11.2000 published under section 4(1) of the Act, the Petitioner filed an application

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under section 28-A of the Act for redetermination of compensation for acquisition of his land in accordance with the judgment passed in LAR No.25 of 2019. But, 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 26.06.2025 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.

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Upon receiving written instruction from the Opposite Party No.3, Mr. Biswal, learned Additional Standing Counsel submits that Government in the Department of Water Resources, Odisha, Bhubaneswar have been moved by the Opposite Party No.3 for sanction of the decreetal dues in LAR No.25 of 2019 vide Office Letter No. 2071 dated 10.12.2024. The sanction of decreetal amount is awaited. After receipt of the sanction order in LAR No.25/2018, the case of the Petitioner will be processed. It is also submitted 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 Opposite Party No.3 is making a sincere endeavour for early disposal of the application under section 28-A of the Act. The written instruction of the Opposite Party No.3 vide Letter No.1112 dated 11.07.2025 filed by Mr. Biswal, learned Additional Standing Counsel is taken on record.

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Considering the submissions made by the learned counsel for the parties and that the Special Land Acquisition Officer-cumRRO, Lower Indra Irrigation Project, Khariar has sought for five months time for disposal of the application under section 28-A of

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the Act, this Court without delving into the merit of the case of the Petitioner in the application filed under section 28-A of the Act, disposes of the writ petition with a direction that steps shall be taken by the Special Land Acquisition Officer-cum-RRO, Khariar to dispose of the application filed by the Petitioner under section 28-A of the Act as expeditiously as possible, preferably by end of November, 2025 and the decision thereof be communicated to the Petitioner forthwith. If it is held that the Petitioner is entitled to compensation in terms of LAR No.25 of 2019, then steps shall be taken to disburse the differential compensation along with other statutory dues by end of January, 2026.

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