Bhokardhan Sahu Vs State of Orissa — Land Acquisition | Orissa HC (2025)

Bhokardhan Sahu Vs State of Orissa — Land Acquisition | Orissa HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to Opposite Party No.2 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 January, 2026, communicating the decision to the Petitioner forthwith; and, if the Petitioner is found entitled to enhanced compensation in terms of the judgment in LAR No.08 of 2017, release of the differential amount with other statutory dues preferably by end of April, 2026.

Issue for consideration

Whether the Court should direct the Special Land Acquisition Officer & R.R.O., Lower Indra Irrigation Project, Khariar (Opposite Party No.2) to dispose of the Petitioner's pending application under section 28-A of the Land Acquisition Act, 1894 for redetermination of compensation in terms of the judgment in LAR No.08 of 2017.

Court's answer

The Court found that the sanction order in connection with LAR No.08 of 2017 has already been received by Opposite Party No.2.

Ratio / Principle

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

Key takeaways

If the Petitioner is found entitled to the enhanced compensation in terms of the judgment in LAR No.08 of 2017, the differential amount along with other statutory dues shall be released in favour of the Petitioner, as expeditiously as possible, preferably by end of April, 2026.ratio¶24

Detailed headnote1 paragraphs

Writ petition (W.P.(C) No.23812 of 2025) disposed of. Grievance: inaction of the Special Land Acquisition Officer & R.R.O., Lower Indra Irrigation Project, Khariar (Opposite Party No.2) in disposing of the Petitioner's application under Section 28-A, Land Acquisition Act, 1894, for redetermination of compensation. The Petitioner's land was acquired under the same Notification No.23409 dated 16.05.2001 issued under Section 4(1) of the Act as the land in LAR No.08 of 2017 (village Kalimati, District Nuapada), a Section 18 reference disposed of vide judgment dated 14.09.2023 enhancing compensation. The Court recorded that the sanction order in connection with LAR No.08 of 2017 had already been received by Opposite Party No.2, and without expressing any opinion on the merits, directed that the Section 28-A petition be disposed of in accordance with law as expeditiously as possible, preferably by end of January, 2026, with the decision communicated to the Petitioner forthwith; if found entitled, the differential amount along with other statutory dues is to be released preferably by end of April, 2026.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.23812 of 2025

Bhokardhan Sahu

…. Petitioner

Mr.Bhaskar Samantaray, Advocate

-versus-

State of Odisha and Another …. Opposite Parties

Mr.Swayambhu Mishra, Additional Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO

ORDER

14.10.2025

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 & R.R.O., Lower Indra Irrigation Project, Khariar (Opposite Party No.2) 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. Samantaray, learned counsel for the Petitioner that LAR No.08 of 2017 of village Kalimati in the District of Nuapada referred under section 18 of the Act was disposed of vide judgment dated 14^th September, 2023 enhancing the compensation. Since the land of the Petitioner was acquired under the same Notification No.23409 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.08 of 2017. The said application was

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not disposed of within 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 11.09.2025 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.Mishra, learned Additional Standing Counsel, on receiving written instruction from the Opposite Party No.2, 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.08 of 2017. Hence, the Special Land Acquisition Officer & R.R.O., Lower Indra Irrigation Project, Khariar vide his Letter No.1799 dated 09.10.2025 stated that large number of similar nature of cases are pending in the Office of the Opposite Party No.2 and thus cases are being dealt with serially. The written instruction of the Opposite Party No.2 vide Letter No.1799 dated 09.10.2025 filed by Mr. Mishra, 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.08 of 2017 has already been received by Opposite Party No.2.

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.08 of

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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 April, 2026.

(K.R. Mohapatra) Judge

(Savitri Ratho) Judge

Himansu

Signature Not Verified

Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 15-Oct-2025 18:19:23

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