Lal @ Lala Chinda Vs State of Odisha

The grievance of the Petitioner, in this writ application, is with regard to inaction of the Special Land Acquisition Officer-cum-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.249 of 2017 of village Rajana in the District of Nuapada referred under section 18 of the Act was disposed of vide judgment dated 17^th May, 2022 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.249 of 2017. 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 25.06.2025 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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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.249 of 2017. Hence, the Special Land Acquisition Officer-cum-RRO, Lower Indra Irrigation Project, Khariar vide his Letter No.1078 dated 11.07.2025 has prayed for grant of reasonable time to dispose of the application filed by the Petitioner under section 28-A of the Act.

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Considering the submissions made by the learned counsel for the parties, this Court finds that sanction order in connection with LAR No.249 of 2017 has already been received by Opposite Party No.3.

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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.249 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 December, 2025.

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Signature Not Verified Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 25-Jul-2025 19:21:18

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(K.R. Mohapatra) Judge

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(Savitri Ratho) Judge

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Himansu

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Lal @ Lala Chinda v. State of Odisha

Case brief

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Lal @ Lala Chinda v. State of Odisha

Case brief

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