Arjun Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No.17786 of 2022 Arjun Naik .....

Petitioner Mr. J.N. Panda, Advocate Vs.

State of Odisha & Others .....

Opposite Parties Mr. P.K. Muduli, A.G.A

CORAM:

DR. JUSTICE B.R. SARANGI MR. JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

13.12.2022 Order This matter is taken up through hybrid mode.

No.

1.

2.

Heard learned counsel for the petitioner and learned Addl. Government Advocate for the State. 3.

Petitioner in this writ petition seeks for a direction to opposite party Nos. 1 and 2 i.e. CommissionercumSecretary to Government Water Resources Department, Bhubaneswar and Director (R&R), Department of Water Resources, Bhubaneswar to sanction and release the awarded amount in favour of the petitioner for acquisition of land for construction of Upper Indravati Irrigation Project as per the judgment dated 20.10.2012 passed by the learned Civil Judge (Sr.Divn.), Dharmgarh in L.A.R. MJC No. 117 of 2009, within a stipulated time. 4.

Learned counsel for the petitioner submitted that petitioner has 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. 117 of 2009 and same was disposed of on 19.10.2012 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. 11296 of 2019 has been disposed of on 30.7.2019 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 petitioner.

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 March, 2023, if there is no other impediment.

Issue urgent certified copy as per rules.

(DR. B.R. SARANGI) JUDGE (B. P. SATAPATHY) sangita JUDGE

sangita