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Gagan Pujhari & Others vs State Of Odisha & Others

Orissa High Court · Decided on 11 May 2023 · Citation: (2023) 05 OHC CK 0189

HON’BLE JUDGES
Dr. B.R. Sarangi, J · M.S.Raman, J
ACTS & SECTIONS REFERRED
Land Acquisition Act, 1894 — Section 18
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No.17775 Of 2022
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Judgment

7 paragraphs · 317 words
1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel forthe  petitioners and learned Addl. Government Advocate for the State.

3.

Petitioners in thiswrit  petition seek for a direction to Opposite Party Nos. 1 and 2 to sanction and release the awarded  amount in favour  of the petitioners for acquisition of land for construction of Upper  Indravati Irrigation Project as per the judgment dated 13.01.2015 passed  by  the  learned  Civil  Judge  (Sr.Divn.),  Dharmgarh  in L.A.R. MJC. No. 122 of 2009, within a stipulated time.

4.

Learned  counsel  for thepetitioners submitted that  petitioners  have  filed  an  application  under  Section  18  of the  L.A.  Act  for  higher  compensation,  which  was  referred  to Civil  Court  for  adjudication.  The  Civil  Court  registered  it  as L.A.R.  MJC.  No.  122  of  2009  and  same  was  disposed  of  on 13.01.2015  and  higher  compensation  was  awarded.  However no  action  has  been  taken  as  yet for sanction and disbursement of the compensation amount. He further submitted that a similar writ petition bearing W.P.(C) No. 31649 of 2020 has been disposed of on 26.11.2020 directing opposite party No.1 to sanction the amount at an early stage and to take expeditious step for disbursement of the compensation amount. He also submitted that the present writ petition may be disposed of in terms of the order passed in that writ petition. Learned Addl. Government Advocate has also no objection to the aforesaid submission made by learned counsel for the petitioners.

5.

In view of the above, we dispose of the writ petition with a direction to Opposite Party No.1 to sanction the amount at an early stage and thereafter the opposite party No.3- Special Land Acquisition Officer, Upper Indravati Irrigation Project, Kusumkhunti in the district of Kalahandi shall take expeditious step for disbursement of the compensation amount by end of June, 2023, if there is no other impediment.

Issue urgent certified copy as per rules.

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