Bhujan Sabar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 35020 of 2022 Bhujan Sabar & Another .....

Petitioners Mr. M.K.Mohapatro, Adv.

Vs.

State of Odisha and others .....

Opposite Parties State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI MR. JUSTICE B.P. SATAPATHY

ORDER

20.12.2022 Order No.

01.

This matter is taken up through hybrid mode.

2.

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

Petitioners in this writ petition seek for a direction to opposite party Nos. 1 and 2 i.e. Principal Secretary to Government Water Resources Department, Bhubaneswar and Director (R&R)-cum-Additional Secretary, Department of Water Resources, Bhubaneswar 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 18.10.2016 passed by the learned Civil Judge (Sr.Divn.), Bhawanipatna in L.A.R No. 125 of 2016, within a stipulated time.

4.

Learned counsel for the petitioners 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. No. 125 of 2016 and same was disposed of on 18.10.2016 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. 27531 of 2020 has been disposed of on 20.10.2020 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 March, 2023, if there is no other impediment.

Issue urgent certified copy as per rules.

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