Birman Rana Vs State of Odisha

4. The Zone Officer, L.A. (I), Upper Signature Not Verified Indravati Irrigation Digitally SignedSigned by: SIPUN BEHERA Project, Kusumkhunti, Designation: Senior Stenographer Reason: AuthenticationLocation: HIGH COURT OF Kalahandi ORISSA, CUTTACK Date: 13-May-2025 19:40:47

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..... Opp. Parties

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Mr. Jateswar Nayak, Addl. Govt. Advocate

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CORAM:

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

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THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA

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ORDER Order No. 12.05.2025

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

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This writ petition has been filed by the petitioners with a prayer to direct the opposite parties to sanction and disburse the compensation amount in their favour pursuant to the judgment and order dated 19.09.2019 passed by the learned Civil Judge (Senior Division), Bhawanipatna in L.A.R. No.29 of 2019, which was filed by their father Danar Rana.

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When the matter was taken up on 03.03.2025, learned counsel for the petitioners made a submission that even though more than five years have passed since the date of pronouncement of the judgment, neither late Danar Rana nor the petitioners have disbursed the compensation amount and we asked the learned counsel for the State to obtain instruction as to whether there is any challenge to the aforesaid judgment and order dated 19.09.2019 or not and if not, why the compensation amount has not yet been disbursed in favour of late Danar Rana nor his legal heirs.

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Today, learned counsel for the State has produced the written instruction dated 30.04.2025 received from the opp. party no.3, wherein it is stated as follows:

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“In inviting a kind letter on the afore stated subject, I am to say that the land to an extent of Ac.0.68 pertaining to Mala (Ac.0.15) and Berna (Ac.0.53) kisam of lands in Mauza-

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Gurujimunda belonging to the land contributor namely; Birman Rana, S/o Damar Rana & Another was acquired by the State Government for construction of Gurujimunda Minor and sub-minor of Upper Indravati Irrigation Project vide Notification No. 41552/R&DM dated 12.09.2012 of Government in Revenue & Disaster Management Department, Odisha, Bhubaneswar. Accordingly, the L.A. Collector has awarded the L.A. compensation at the rate of Rs.79,860/- and Rs.1,00,000/- per acre to the acquired Mala and Berna kisam of lands of the land contributors respectively in village Gurujimunda vide L.A. Case No.09/2012. As such, the land contributors have received the L.A. compensation of Rs.89,021- under protest and filed petition U/S.18 of L.A. Act before the L.A. Collector. As per the provision, the matter was referred to the Learned Civil Court, (SD), Bhawanipatna and was numbered as LAR No.29 of 2019. The learned Civil Court on her turn has enhanced the L.A. compensation @ Rs.3,15,000/- per acre to the acquired Mala and Berna kisam of lands of the land contributors vide order dated 19.09.2019 and ordered to pay the enhanced decretal dues to the decree holders with all other statutory benefits already granted in his favour under L.A. Act. 1894.

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After disposal of the case in the Court of the Civil Judge, (SD), Bhawanipatna, the Government Pleader, Kalahandi, Bhawanipatna has communicated the certified copy of orders along with his opinion to O.P.

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No.3 i.e. Special Land Acquisition Officer, Upper Indravati Irrigation Project, Kusumkhunti, Dist. Kalahandi on 01.08.2020. The O.P. No.3 i.e. Special Land Acquisition Officer, Upper Indravati Irrigation Project, Kusumkhunti, Dist. Kalahandi has moved the Government in Administrative Department i.e. Water Resources Department, Odisha to examine the order dated 19.09.2019 with a request to communicate the views of the Government whether the appeal can be filed in the Hon'ble High Court of Orissa against the orders of the learned Civil Judge, (SD), Bhawanipatna vide this office letter No. 1136/WE dated 18.11.2020. Now, the matter is under examination at Government level. Soon after receipt of the orders of the Government, necessary steps will be taken at this end, accordingly.

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This is for favour of kind information and necessary action.”

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The written instruction is taken on record.

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The plea taken by the learned counsel for the State that the matter is under examination at Government level and after receipt of the order of the Government, necessary steps can be taken is not appreciating, particularly, when the order of the learned Civil Judge (Senior Division), Bhawanipatna was passed way back in September, 2019.

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Therefore, we are of the view the State of Odisha represented by its Secretary to Govt., Department of Water Resources, Odisha, opp. party no.1 has to make

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necessary sanction of the compensation amount as per the judgment and order dated 19.09.2019 passed by the learned Civil Judge (Senior Division), Bhawanipatna, preferably, within one month and thereafter, the Special Land Acquisition Officer, Upper Indravati Irrigation Project, Kusumkhunti, Kalahandi, opp. party no.3 shall take expeditious steps for disbursement of the compensation amount by end of July, 2025, if there is no other legal impediment.

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With these observations and directions, the writ petition stands disposed of accordingly.

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Issue urgent certified copy as per Rules.

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( S.K. Sahoo) Judge

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( S. S. Mishra)

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Judge

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Sipun