Shibram @ Shibaram Majhi Vs State of Odisha — Land Acquisition | Orissa HC (2025)

Shibram @ Shibaram Majhi Vs State of Odisha — Land Acquisition | Orissa HC (2025)

What the court decided

AI extract

Outcome

Direction to Opposite Party No.3 to dispose of the Petitioner's application under section 28-A of the Act in accordance with law, as expeditiously as possible, preferably by end of September, 2025, and to communicate the decision to the Petitioner forthwith; if the Petitioner is found entitled to enhanced compensation in terms of the judgment in LAR No.183 of 2010, the differential amount together with other statutory dues is to be released as expeditiously as possible, preferably by end of December, 2025.

Issue for consideration

Whether the writ petition should be disposed of with directions for time-bound disposal of the Petitioner's pending application under section 28-A of the Land Acquisition Act, 1894 for redetermination of compensation (on par with the enhanced compensation awarded in LAR No.183 of 2010) before the Special Land Acquisition Officer-cum-RRO, Lower Indra Irrigation Project, Khariar (Opposite Party No.3), without the Court expressing any opinion on the merits.

Court's answer

Sanction order in connection with LAR No.183 of 2010 has already been received by Opposite Party No.3.

Ratio / Principle

The writ petition is disposed of 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 the decision thereof shall 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.183 of 2010, 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
The Court disposed of the writ petition without expressing any opinion on the merit of the Petitioner's case in the application under section 28-A of the Act; determination of entitlement to enhanced compensation is expressly left open.obiter¶21

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Justices K.R. Mohapatra and Savitri Ratho) disposed of W.P.(C) No.17069 of 2025 on 23.07.2025. The Petitioner, whose land was acquired under Notification No.1767 dated 09.01.2001 issued under section 4(1) of the Land Acquisition Act, 1894 for the Lower Indra Irrigation Project, had filed an application under section 28-A of the Act with the Special Land Acquisition Officer-cum-RRO, Lower Indra Irrigation Project, Khariar (Opposite Party No.3) seeking redetermination of compensation on par with LAR No.183 of 2010 (village Konabira, District Nuapada), which was disposed of by judgment dated 10.02.2023 enhancing compensation. Finding that the sanction order for LAR No.183 of 2010 had been received by Opposite Party No.3, and without expressing any opinion on the merits, the Court directed that the section 28-A petition be disposed of in accordance with law preferably by end of September, 2025 with the decision communicated forthwith, and that, if entitlement is established, the differential amount with statutory dues be released preferably by end of December, 2025.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.17069 of 2025

Shibram @ Shibaram Majhi …. Petitioner

Mr.Bijaya Kumar Behera-1, Advocate

-versus-

State of Odisha and Others …. Opposite Parties

Mr.Sibanarayan Biswal, Additional Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO

ORDER

Order No.

23.07.2025

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-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’).

It is submitted by Mr. Behera, learned counsel for the Petitioner that LAR No.183 of 2010 of village Konabira in the District of Nuapada referred under section 18 of the Act was disposed of vide judgment dated 10^th February, 2023 enhancing the compensation. Since the land of the Petitioner was acquired under the same Notification No.1767 dated 09.01.2001 issued 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.183 of 2010. 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.

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.183 of 2010. Hence, the Special Land Acquisition Officer-cum-RRO, Lower Indra Irrigation Project, Khariar vide his Letter No.1187 dated 22.07.2025 has sought for a reasonable time to dispose of the application filed by the Petitioner under section 28A of the Act.

Considering the submissions made by the learned counsel for the parties, this Court find that sanction order in connection with LAR No.183 of 2010 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.183 of 2010, 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: 25-Jul-2025 19:21:18 Himansu

(K.R. Mohapatra) Judge

(Savitri Ratho) Judge

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