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

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

What the court decided

AI extract

Outcome

Direction to opp. party no.3 (Land Acquisition Officer, Kalahandi) to dispose of the section 28-A application arising out of L.A.R. Case No.50 of 2012 in accordance with law within three months from production of certified copy of the order; to communicate the result to the petitioner within two weeks of the decision; and, if the application is allowed and there is no other legal impediment, to disburse the compensation amount to the petitioner within two months thereafter.

Issue for consideration

Whether a direction should be issued to opp. party no.3 (Land Acquisition Officer, Kalahandi) to dispose of the petitioner's application under section 28-A of the Land Acquisition Act, 1894 arising out of L.A.R. No.50 of 2012 expeditiously. +1 more

Court's answer

The Court disposed of the writ petition, without expressing any opinion on merits, directing opp. party no.3 to dispose of the 28-A application arising out of L.A.R. Case No.50 of 2012 in accordance with law within three months from the date of production of certified copy of the order, and to communicate the result of such exercise to the petitioner within two weeks of taking the decision.

Ratio / Principle

If the petitioner's application under section 28-A of the Land Acquisition Act, 1894 is allowed and there is no other legal impediment, the compensation amount is to be disbursed in favour of the petitioner within a period of two months thereafter.

Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No.2406 of 2025, decided 24.02.2025) disposed of by the High Court of Orissa at Cuttack (S.K. Sahoo and Chittaranjan Dash, JJ.). The petitioner sought a direction to adjudicate, sanction and disburse compensation on his application under section 28-A of the Land Acquisition Act, 1894 (Annexure-2, L.A. Case No.04 of 2003) arising out of L.A.R. No.50 of 2012, pending before the Land Acquisition Officer, Kalahandi, in terms of the award dated 02.02.2013 passed by the learned Civil Judge (Sr. Division), Bhawanipatna. Without expressing any opinion on merits, the Court directed opp. party no.3 to dispose of the 28-A application in accordance with law within three months from production of certified copy of the order, to communicate the result within two weeks of the decision, and, if the application is allowed and there is no other legal impediment, to disburse the compensation to the petitioner within two months thereafter.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.2406 of 2025

Khira Sindhu Majhi ….. Petitioner

Mr. Sumant Sahu, Advocate

-versus-

State of Odisha and others

..... Opp. Parties

Mr. Debasish Nayak, Addl. Govt. Advocate

CORAM:

THE HON'BLE MR. JUSTICE S.K. SAHOO

THE HON'BLE MR. JUSTICE CHITTARANJAN DASH

ORDER

Order No.

24.02.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed this writ petition with a prayer to direct the opposite parties to adjudicate, sanction and disburse the compensation amount in connection to the petition under section 28-A of the L.A. Act filed by the petitioner under Annexure-2 in L.A. Case No.04 of 2003 in terms of the award dated 02.02.2013 passed by the learned Civil Judge (Sr. Division),

Signature Not Verified

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Digitally Signed Signed by: RAJESH KUMAR BADHEI Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-Feb-2025 17:48:56

Bhawanipatna in LAR No.50 of 2012 within a stipulated time.

Learned counsel for the petitioner submits that the petitioner is aggrieved by the non- disposal of his application filed under section 28-A of the Land Acquisition Act, 1894 arising out of L.A.R. No.50 of 2012 pending before the Land Acquisition Officer, Kalahandi (opp. party no.3). In such background, he prays that a direction may be issued to the opp. party no.3 to dispose of the said case expeditiously.

Considering the submission made and without expressing any opinion on the merits of the case, this Court disposes of the writ petition directing the opp. party no.3 to dispose of the 28-A application arising out of L.A.R. Case No.50 of 2012 in accordance with law within a period of three months from the date of production of certified copy of this order and to communicate the result of such exercise to the petitioner within a period of two weeks of taking the decision. It is further directed that in case the application of the petitioner under section 28-A of the Land Acquisition Act, 1894 is allowed, and if there is no other legal impediment, the compensation amount be disbursed in favour of the petitioner within a period of two months thereafter.

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Rajesh

Urgent certified copy of this order be granted as per rules.

( S.K. Sahoo)

Judge

(Chittaranjan Dash) Judge

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