Jagadish Chinda vs State Of Odisha & Others

Sanjay Kumar Mishra, J

This matter is taken up through Hybrid Mode.

The grievance of the Petitioner in this Writ Petition is with regard to the inactions on the part of the Director (R & R) – cum - Ex-Officio, Additional Secretary to Government, Department of Water Resources, Odisha, Bhubaneswar (Opposite Party No.2) and Special Land Acquisition Officer –cum- RRO, Lower Indra Irrigation Project, Khariar (Opposite Party No.3) in releasing the compensation amount of Rs.33,18,195/- for acquisition of his land under the provisions of the Land Acquisition Act, 1984 (for brevity “the Act”).

The case of the Petitioner as revealed from the Writ Petition is that pursuant to the acquisition of the land, an award under Section 11 of the Act was passed on 01.08.2003. Being aggrieved, the Petitioner filed an application to refer the matter to the Competent Civil Court for enhancement of the compensation amount. Accordingly, the case of the Petitioner was referred under Section 18 of the Act to the Court of learned Civil Judge (Senior Division), Nuapada. The leaned Civil Judge (Senior Division), Nuapada vide his judgment dated 07.08.2025 passed in L.A.R. No.9 of 2021 enhanced the compensation amount. But the Petitioner has not yet paid the same. Being aggrieved, the present Writ Petition has been filed.

It is submitted by learned counsel for the Petitioner that although the Land Acquisition Officer has submitted the estimate to the Water Resources Department for necessary sanction, but no action was taken in that regard.

Considering the submissions made by the learned counsel for the Petitioner, this Court directed the learned State counsel to take instruction in the matter. In spite of repeated directions, no instruction was imparted to the learned State counsel. Hence, this Court vide order dated 23.02.2026 directed personal appearance of the Director (R & R) –cum- Ex-Officio, Additional Secretary to Government, Department of Water Resources, Odisha (Opposite Party No.2). Pursuant to such direction, Mr. Ashok Kumar Behera, Director (R & R) & Ex-Officio, Special Secretary to Government, Department of Water Resources, Govt. of Odisha is present and files an affidavit stating that necessary sanction for a sum of Rs.33,64,534/- has been granted vide Letter No.5133/WR dated 17.02.2026 (Annexure-A/2). Upon receipt of such sanction letter, the Land Acquisition Officer vide Notice No.368 dated 24.02.2026 directed the Petitioner to appear in his Office along with all the relevant documents at 11.00 A.M. to receive compensation amount. A copy of the same along with the affidavit so filed, are taken on record. Copy of the affidavit is served on Mr. Behera, learned counsel for the Petitioner.

In view of the above, Mr. Behera, learned counsel for the Petitioner submits that he shall instruct the Petitioner to do the needful to receive compensation amount.

Accordingly, the Writ Petition is disposed of with a direction to release the compensation amount to the Petitioner, if not released subject to compliance of the requirement under the Notice dated 24.02.2026 at Annexure-B/2.

The personal appearance of Ashok Kumar Behera, Director (R & R) & Ex-Officio, Special Secretary to Government, Department of Water Resources, Govt. of Odisha is dispensed with.