Disposed¶53

Charubala Debata v. State of Odisha

Orissa HC8 Jul 2025WP(C)/33256/2024

Case brief

AI extract

What is this about?

Enhanced/decreetal compensation; section 28 (A) Land Acquisition Act; writ of mandamus/certiorari for payment of awarded amount; Rengali Project / L.A. & R.R. Zone, Deogarh; 2nd National Lok Adalat compliance undertaking (10.05.2025); IA No.8167 of 2025 for sanction; DoWR sanction of Rs. 11,55,348/- credited 24.06.2025; notice dated 02.07.2025 for CC voucher verification; disposed on 08.07.2025 with liberty to approach afresh if cause survives; coram K.R. Mohapatra and Savitri Ratho, JJ.; parties Charubala Debata and others v. State of Odisha and others.

What did the court decide?

Writ petition disposed of; Court expects payment of the decreetal amount within ten days; Petitioners given liberty to approach the Court afresh if any cause of action still survives; urgent certified copy on proper application. ¶53

Charubala Debata Vs State of Odisha — Land Acquisition | Orissa HC (2025)

What the court decided

AI extract

Outcome

¶53

Issue for consideration

Whether the Opposite Parties should be called upon (via writ of mandamus/certiorari) to pay the amount awarded to the Petitioners under section 28 (A) of the Land Acquisition Act.

¶21

Court's answer

This Court feels and expects that the decreetal amount shall be paid to the Petitioners as expeditiously as possible, preferably within a period of ten days from 08.07.2025.

¶52

Ratio / Principle

The writ petition is disposed of, with liberty to the Petitioners to approach the Court afresh if any cause of action still survives.

¶53

Detailed headnote1 paragraphs

Charubala Debata and others v. State of Odisha and others, W.P.(C) No. 33256 OF 2024, High Court of Orissa at Cuttack (K.R. Mohapatra and Savitri Ratho, JJ.), order dated 08.07.2025. Petitioners prayed for rule nisi (mandamus/certiorari) directing payment of the amount awarded under section 28 (A) of the Land Acquisition Act. Counsel drew attention to the Court's order dated 24th June 2025, which recorded that IA No.8167 of 2025 had been filed for one month's time to obtain Government sanction, following the 2nd National Lok Adalat order dated 10th May 2025 wherein Sri Narahari Sethy, Joint Secretary, Department of Water Resources, undertook to pay the enhanced decreetal amount within a week. The Additional Government Advocate placed on record Letter No. 203 dated 07.07.2025 showing sanction of Rs. 11,55,348/- by the DOWR towards the decretal amount, credit of the sum to the petitioner's SBI account on 24.06.2025, and notice dated 02.07.2025 calling upon the decree holders to appear before the Zone Officer, Deogarh on 09.07.2025 with documents for preparation of the CC voucher. The Court disposed of the writ petition, expecting payment of the decreetal amount within ten days, with liberty to the Petitioners to approach the Court afresh if any cause of action still survived.

¶1

Signature Not Verified

¶2

Digitally Signed Signed by: MADHUSMITA SAHOO Reason: Authentication Location: High Court of Orissa, C utta ck Date: 09-Jul-2025 16:32:10

¶3

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶4

W.P.(C) No. 33256 OF 2024

¶5

Charubala Debata and others

¶6

…. Petitioners

¶7

Mr. Kousik Ananda Guru, Advocate

¶8

-versus-

¶9

State of Odisha and others

¶10

Opp. Parties

¶11

Mr. Sabita Ranjan Pattnaik, Additional Government Advocate

¶12

CORAM:

¶13

JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO

ORDER

Order No.

08.07.2025

1. This matter is taken up through hybrid mode.

¶18

The Petitioners in this writ petition pray for the

¶19

following relief:

¶20

“ It is, there for prayed that, this Hon'ble Court be graciously please to:-

¶21

ISSUE RULE NISI calling upon the opposite party as why writ in the nature of mandamus/certiorari and/or any other appropriate writ/writs or order/orders and/or direction shall not be pass to pay the awarded amount as awarded under section 28 (A) of the Land Acquisition Act.

¶22

If the Opposite Parties fails to show cause or shows inadequate or false cause, make the aforesaid rule nisi absolute.

¶23

And/or order/orders as the Hon'bie Court may deem just and proper in order to provide the Petitioner Complete Relief.

¶24

And for their act of kindness, the petitioner shall as in duty bound, remain ever pray.”

¶25

Page 1 of 4

¶26

Signature Not Verified

¶27

Digitally Signed Signed by: MADHUSMITA SAHOO Reason: Authentication Location: High Court of Orissa, C utta ck Date: 09-Jul-2025 16:32:10

¶28

In course of hearing, Mr. Guru, learned counsel for the Petitioners drew attention of this Court to the order dated 24^th June, 2025, which reads as under:

¶29

“1. This matter is taken up through hybrid mode.

¶30

2. It is submitted by Mr. Pattnaik, learned AGA that IA No.8167 of 2025 has been filed for grant of one month time to obtain necessary sanction from Government for payment of enhanced decreetal amount to the Petitioner.

¶31

3. The said application appears to have been filed on 12th May, 2025. But, it appears from the order dated 10th May, 2025 passed in 2nd National Lok Adalat that one Sri Narahari Sethy, Joint Secretary, Department of Water Resources, Odisha, Bhubaneswar/in-Charge Director (R & R) appeared through Virtual Mode and assured to comply with the order of the Court to pay the enhanced decreetal amount of compensation within a week from the date of the order.

¶32

4. Mr. Guru, learned counsel for the Petitioner submits that the said order has not yet been complied with.

¶33

5. Mr. Pattnaik, learned AGA, however, submits that he shall take instruction in the matter and see that the enhanced decreetal amount of compensation is paid to the Petitioner within a short period.

¶34

6. Put up this matter on 8^th July, 2025.

¶35

7. Instruction, if any, shall be obtained by that date positively.

¶36

8. It is expected that the enhanced decreetal amount shall be paid to the Petitioner by the next date.”

¶37

Mr. Guru, learned counsel for the Petitioners, however, submits that notice has been issued to the Petitioners to appear before the Land Acquisition Officer, Rengali Project, Deogarh tomorrow, i.e., on 9^th July, 2025 to submit the documents. Hence, he prays for a short adjournment to apprise the Court about the developments.

¶38

Page 2 of 4

¶39

Signature Not Verified

¶40

Digitally Signed Signed by: MADHUSMITA SAHOO Reason: Authentication Location: High Court of Orissa, C utta ck Date: 09-Jul-2025 16:32:10

¶41

Mr. Pattnaik, learned Additional Government Advocate places on record the Letter No. 203 dated 7^th July, 2025 issued by the Zone Officer, L.A. & R.R. Zone, Deogarh, which indicates as under:

¶42

“Ref: Your good office Letter No.27683 dated. 30.06.2025

¶43

Sir,

¶44

I am writing in connection with the writ petition (Civil) No 33256 of 2024 filed by Charubala Debata and others Versus State of Odisha and others, which is currently pending in the Hon'ble High Court, Odisha, Cuttack. The Hon'ble court by its order on dated 24.06.2025 expressed that, "It is expected that the enhanced decretal amount shall be paid to the petitioner by the next date (08.07.2025).

¶45

The Govt. Of Odisha in DOWR, department has sanctioned of Rs. 11,55,348/-(Rupees Eleven Lakh FiftyFive Thousand Three hundred Forty-Eight) only towards the decretal amount incompliance to WP(C) No-33256/2024. In the said sanction order it is instructed that," It is also expected that, decretal dues to the decree holder has been verified properly at the level of Special L.A. R&RO to avoid future legal complication before payment." After getting the sanction order the Special L.A. R&RO RIP, Baghuabal, Talcher submitted the bill before the Assistant Finacial Advisor, RIP, samal to pass and credit the sanctioned decretal amount in SB A/C No-34404709324,SBI,Samal Barrage vide letter No-625 dated 12.06.2025 and the same has been credited to the account on dated 24.06.2025. After the decretal amount was credited notice has been issued on 02.07.2025 to the decree holders to be present on 09.07.2025 before the Zone Officer, Deogarh with all relevant documents for preparation of CC voucher to process the payment of decretal amount.

¶46

Therefore, you are requested to appraise the Hon'ble High court regarding the above matter and ensure that, after proper verification of all relevant documents as instructed by the Govt. Of Odisha in DOWR, department, the payment of enhanced

¶47

Page 3 of 4

¶48

Signature Not Verified

¶49

Digitally Signed Signed by: MADHUSMITA SAHOO Reason: Authentication Location: High Court of Orissa, C utta ck Date: 09-Jul-2025 16:32:10

¶50

compensation is made to the decree holders at the earliest in the interest of justice.”

¶51

He, therefore, submits that upon verification of the documents to be submitted by the Petitioner, CC voucher shall be issued in favour of the Petitioner in respect of the decreetal amount.

¶52

In that view of the matter, this Court feels and expects that the decreetal amount shall be paid to the Petitioners as expeditiously as possible preferably within a period of ten days from today.

¶53