Phalguni Singh Vs State of Odisha — Land Acquisition | Orissa HC (2026)

Phalguni Singh Vs State of Odisha — Land Acquisition | Orissa HC (2026)

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition; the Court observed that if the Petitioner files an application for condonation of delay in filing the Section 64 application within two weeks stating the grounds, it shall be considered in accordance with law with opportunity of hearing, provided the Section 64 application is pending.

Issue for consideration

Whether the Court would direct consideration of the Petitioner's application under Section 64 of the 2013 Act (enhancement of compensation), given his prayer to withdraw the writ petition and instead pursue condonation of delay for the belated Section 64 application.

Court's answer

The writ petition is disposed of as withdrawn, with an observation that in the event the Petitioner files an application for condonation of delay in filing the Section 64 application within a period of two weeks stating the grounds therein, it shall be considered in accordance with law.

Ratio / Principle

Any such condonation-of-delay application shall be considered in accordance with law, giving opportunity of hearing to the Petitioner, provided that any application filed by the Petitioner under Section 64 of the Act is pending.

Detailed headnote1 paragraphs

Phalguni Singh v. State of Odisha and others, W.P.(C). No.11394 of 2026 (High Court of Orissa at Cuttack, Coram: K.R. Mohapatra and S.K. Mishra, JJ.), decided 01.07.2026. Grievance: non-consideration of the petitioner's application under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for enhancement of compensation; the underlying award was passed on 21st March, 2023 by the Special Land Acquisition Officer, Subarnarekha Irrigation Project, Mayurbhanj under Section 30(2) of the Act, and the Section 64 application was filed on 7th January, 2025 through Registered Post. Counsel for the petitioner prayed for withdrawal, undertaking to file an application for condonation of delay; the learned Additional Government Advocate raised no objection. The Court disposed of the writ petition as withdrawn, observing that if the condonation-of-delay application is filed within two weeks stating the grounds therein, it shall be considered in accordance with law giving opportunity of hearing, provided the Section 64 application is pending. Urgent certified copy ordered on proper application.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). NO.11394 OF 2026

Phalguni Singh

…. Petitioner

Mr. Subrata Panda, Advocate

-versus-

State of Odisha and others

…. Opp. Parties

Mr. Swayambhu Mishra, Additional Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA

ORDER

01.07.2026

Order No.

This matter is taken up through hybrid mode.

Grievance of the Petitioner in this writ petition is with regard to non-consideration of his application under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for brevity ‘the Act’).

It is submitted by Mr. Panda, learned Counsel for the Petitioner that the award in respect of acquisition of land was passed on 21^st March, 2023 by the Special Land Acquisition Officer, Subarnarekha Irrigation Project, Mayurbhanj under Section 30(2) of the Act and the Petitioner filed his application for enhancement of compensation under Section 64 of the Act on 7^th January, 2025 through Registered Post.

In course of argument, Mr. Panda, learned Counsel for the Petitioner prays for withdrawal of the writ petition submitting that the Petitioner shall file an application for

condonation of delay in filing the petition under Section 64 of the Act and prays for a direction to consider the same in accordance with law.

Mr. Mishra, learned Additional Government Advocate does not have any objection to such submission.

In view of the above, the writ petition is disposed of as withdrawn with an observation that in the event the Petitioner files an application for condonation of delay in filing the application under Section 64 of the Act within a period of two weeks hence stating the grounds therein, the same shall be considered in accordance with law giving opportunity of hearing to the Petitioner, provided that any application filed by the Petitioner under Section 64 of the Act is pending.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge

(S.K. Mishra)

Banita

Judge

Signature Not Verified

Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, C UTT ACK Date: 02-Jul-2026 17:23:52

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