Nepal Rana Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Nepal Rana Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Directions issued: (i) opposite party no.1 (Secretary to Government, Department of Water Resources, Bhubaneswar) to sanction the compensation amount, if not already sanctioned, within six months absent legal impediment; (ii) opposite party no.3 (Special Land Acquisition Officer, Upper Indravati Irrigation Project, Kusumkhunti, Kalahandi) to take expeditious steps for disbursement to the petitioners in L.A.R. No. 41 of 2019 and/or their legal heirs absent other impediment; urgent certified copy to be issued as per rules.

Issue for consideration

Whether the opposite parties can be directed to sanction the compensation amount awarded under the judgment dated 21.09.2019 of the Civil Judge (Senior Division), Bhawanipatna in L.A.R. Case No.41 of 2019, within a stipulated time. +1 more

Court's answer

Writ petition disposed of with a direction to opposite party no.1 - Secretary to Government, Department of Water Resources, Bhubaneswar - to sanction the compensation amount, if not already sanctioned, within a period of six months, if there is no legal impediment.

Ratio / Principle

Thereafter, opposite party no.3 - the Special Land Acquisition Officer, Upper Indravati Irrigation Project, Kusumkhunti, district Kalahandi - shall take expeditious steps for disbursement of the compensation amount in favour of the petitioners in L.A.R. No. 41 of 2019 and/or their legal heirs, as the case may be, if there is no other impediment.

Detailed headnote1 paragraphs

Orissa High Court (W.P.(C) No.3224 of 2025, decided 19.02.2025; S.K. Sahoo and Savitri Ratho, JJ.) — Land acquisition compensation; Upper Indravati Irrigation Project. Petitioner Nepal Rana sought sanction and disbursement of the higher compensation awarded by judgment dated 21.09.2019 of the Civil Judge (Senior Division), Bhawanipatna in L.A.R. Case No.41 of 2019, arising from a Section 18 L.A. Act reference filed by the petitioner's father Ghatu Rana with brothers Kusha Rana and Untu Rana for land acquired for the project. No sanction or disbursement had followed despite the award. The Court disposed of the writ petition directing opposite party no.1 (Secretary to Government, Department of Water Resources, Bhubaneswar) to sanction the compensation amount, if not already sanctioned, within six months if there is no legal impediment, and thereafter opposite party no.3 (Special Land Acquisition Officer, Upper Indravati Irrigation Project, Kusumkhunti, Kalahandi) to take expeditious steps for disbursement in favour of the petitioners in L.A.R. No. 41 of 2019 and/or their legal heirs, if there is no other impediment. Urgent certified copy ordered as per rules.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.3224 of 2025

Nepal Rana ….. Petitioner

Mr. Dhananjaya Mund, Advocate

-versus-

State of Odisha and others

..... Opp. Parties

Mr.Aurobinda Mohanty, Addl. Standing Counsel

CORAM:

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

THE HON'BLE MISS JUSTICE SAVITRI RATHO

ORDER

Order No.

19.02.2025

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

Heard learned counsel for the parties.

Petitioner in this writ petition seeks for a direction to the opposite parties to sanction and disburse the compensation amount in favour of the petitioner for acquisition of land for construction of Upper Indravati Irrigation Project as per the judgment dated 21.09.2019 passed by the learned Civil Judge (Senior Division), Bhawanipatna in L.A.R. Case No.41 of 2019 within a stipulated time.

Learned counsel for the petitioner submitted that the father of the petitioner Ghatu Rana along with his two

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brothers, namely, Kusha Rana and Untu Rana had filed application under Section 18 of the L.A. Act for higher compensation, which was referred to the Civil Court for adjudication. The Civil Court registered it as L.A.R. No. 41 of 2019 and same was disposed of on 21.09.2019 and higher compensation was awarded to the petitioners therein. However no action has been taken as yet for sanction and disbursement of the compensation amount.

In view of the above, we dispose of the writ petition with a direction to opposite party no.1- Secretary to Government, Department of Water Resources, Bhubaneswar to sanction the compensation amount if not already sanctioned within a period of six months, if there is no legal impediment. Thereafter the opposite party no.3- the Special Land Acquisition Officer, Upper Indravati Irrigation Project, Kusumkhunti, in the district of Kalahandi shall take expeditious steps for disbursement of the compensation amount in favour of the petitioners in L.A.R. No. 41 of 2019 and/or their legal heirs, as the case may be, if there is no other impediment.

Issue urgent certified copy as per rules.

( S.K. Sahoo)

Judge

Signature Not Verified

Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 24-Feb-2025 16:23:49 PKSahoo

(Savitri Ratho) Judge

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