✦ Orissa High Court

Signed by: MADHUSMITA SAHOO v. State of Odisha & Ors.

ORISSA AT CUTTACK W.P.(C) No. 15200 of 2015SAVITRI RATHO4 min read

Case at a glance

Judgment

Mr. Manmaya Kumar Dash, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO Order No. ORDER 09.01.2026

1.

This matter is taken up through hybrid mode.

2.

It appears that vide order dated 16th January, 2024 passed in I.A. No.18685 of 2023, the sole Petitioner has been substituted and consolidated cause title has already been filed. The same be appropriately placed in the case record. However, the names of substituted Petitioners are not reflected in the cause title.

3.

Office shall do the needful and reflect the name of substituted Petitioners in the cause title.

4.

This writ petition has been filed seeking a direction to the Opposite Parties to pay compensation and interest as well as damages with effect from 1st January, 1975 till date for the illegal occupation of Plot Nos.1202 to 1209 of Chudapali Mouza in the district of Bolangir, which are recorded in the name of the predecessor-in-interest of the present Petitioners, namely, Bharat Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: SENIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 12-Jan-2026 17:25:59 Kumar Behera, by the State Government for construction of Primary Health Centre building and staff quarters at Chudapali.

5.

The matter was subsequently referred to the Mediation Centre under the Special Mediation Drive-Mediation ‘For the Nation’. Learned Mediator submitted a report on 7th November, 2025 recording that the mediation was successful and that the parties have agreed to settle the dispute. Pursuant thereto, the Government of Odisha, Health and Family Welfare Department, Bhubaneswar, vide Letter No. 32470 dated 6th November, 2025, directed the Collector-cum-District Magistrate, Bolangir, the Chief District Medical Officer, Bolangir, and the Land Acquisition Officer, Bolangir, to comply with the order dated 13th February, 2023 passed by this Court by assessing and determining compensation for the acquired land in accordance with Sections 26 to 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and to complete the acquisition and payment of compensation within a stipulated period.

5.1 The matter was then listed on 20th November, 2025 before this Bench, when learned State Counsel sought for an adjournment to take instruction with regard to the steps taken to work out the terms of medication.

6.

An affidavit (Flag-Q) has been filed by the Chief District Medical Officer, Bolangir-Opposite Party No.4 enclosing a copy of the Letter No.32470 dated 6th November, 2025 issued by the Health and Family Welfare Department, Government of Odisha to Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: SENIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 12-Jan-2026 17:25:59 the Collector & District Magistrate, Balangir (Annexure-A/4 to the affidavit) stating as under:

Sir, I am directed to invite a reference to the subject cited above and to say that Hon’ble High Court have passed order dtd. 13.02.2023 in W.P.(C) No.15200 of 2015 filed by Sri Bharat Kumar Behera Vrs. State of Odisha and Others with a direction to file an affidavit indicating the time frame within which the process of the acquisition of land and payment of compensation in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 will be completed in the present case. As per advice of Law Department, it has been decided to implement the aforesaid orders of Hon’ble High Court dated 13.02.2023. the Right In order to comply with the direction of the Hon’ble High Court or Orissa in its order dated 13.02.2023, it is requested to take necessary steps for assessment of the compensation amount in terms to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 along with the time frame within which the process of the acquisition of land and payment of compensation will be completed. The amount of compensation and the time frame so assessed may be intimated to this department at the earliest for taking necessary action for filing of affidavit. This may be treated as ‘Most Urgent’.

7.

Mr. Dash, learned Additional Standing Counsel submits that it will take some time to initiate a proceeding for land acquisition and pay adequate compensation to the Petitioners in terms of the provisions under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation Resettlement Act, 2013. Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: SENIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 12-Jan-2026 17:25:59

8.

Mr. Joshi, learned counsel for the Petitioners, however, submits that expeditious steps be taken for disbursal of the compensation, as the Petitioners have suffered a lot.

9.

Taking into consideration the submissions made by learned counsel for the parties, this Court disposes of the writ petition in terms of the Mediation Report dated 7th November, 2025 and directs the State Government to take steps to initiate the land acquisition proceedings as expeditiously as possible, preferably within a period of six months hence, by following due procedure of law. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (Savitri Ratho) Judge

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