The High Court
Case Details
Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 08-Sep-2025 10:56:19 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 21681 OF 2025 Laxmi Naren @ Laxminarayan Padhan and others …. Petitioners Mr. Niranjan Maharana, Advocate State of Odisha and others -versus- ….
Legal Reasoning
Opp. Parties Mr. Manmaya Kumar Dash, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO
Decision
ORDER 02.09.2025 This mater is taken up through hybrid mode. Petitioners in the writ petition pray for a direction to Order No. 2. 1. 2. Collector, Jharsuguda to allot Ac.0.10 (ten) decimals of cultivable land under the Resettlement and Rehabilitation Policy to each of the Petitioners, who are Hirakud Dam Project land oustees. 3. Mr. Maharana, learned counsel submits that the Petitioners were the land outstees of Hirakud Dam Project. Thus, they are allotted homestead land at village Binka in the district of Subarnapur and they were residing over the same by constructing their residential houses. It is further submitted that as per letter dated 30th January, 2002 (Annexure-1) issued by the Revenue Department, Government of Odisha, the Petitioners are entitled to Ac.0.10 decimals of homestead land for loss of their homestead land for Hirakud Dam Project. He also refers to letter dated 25th Page 1 of 5 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 08-Sep-2025 10:56:19 October, 2004 (Annexure-2) issued by the Revenue Department, wherein, the Special Secretary to the Government of the said Department reiterated the entitlement of the Petitioners pursuant to letter under Annexure-1. But the Petitioners have been allotted less than ten decimals of land. Referring to order dated 7th January, 2025 (Annexure-7) passed by the Collector, Jharsuguda, Mr. Maharana, learned counsel for the Petitioners submits that they were allotted less than Ac.0.10 decimals of homestead land at village Binka. Sufficient vacant Government land is available to be allotted to the Petitioners. Thus, this Writ Petition has been filed for allotment of Ac.0.10 decimals of cultivable land in their favour. 4. Mr. Dash, learned ASC, on the other hand, submits that Annexure-1 clearly disclosed that the land outstees of Hirakud Dam Project are entitled to a maximum of Ac.0.10 decimals of homestead land as per their possession in the submerged area of Hirakud Dam project in terms of letter under Annexure-1. The Petitioners belong to one family, but the family has been split up and residing separately and they have already been allotted with a total extent of Ac.0.17 (seventeen) decimals of land. Thus, they are not entitled to further agricultural land, as claimed. He, therefore, prays for dismissal of the writ petition. 5. Considering the submission of learned counsel for the parties, this Court finds that the Petitioners had earlier moved this Court in W.P.(C) No.17289 of 2024, which was disposed of on 24th July, 2024 (Annexure-6) with a liberty to the Petitioners to pursue their representation filed before the Collector, Jharsuguda for allotment of land as detailed in the said representation dated 2nd February, 2024. Pursuant to such direction of this Court, Collector, Page 2 of 5 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 08-Sep-2025 10:56:19 Jharsuguda considered and rejected the representation of the Petitioners vide order dated 7th January, 2025 (Annexure-7). The said order is not under challenge in the instant writ petition. 5.1 It is, however, submitted by Mr. Maharana, learned counsel for the Petitioners that they are entitled to Ac.0.10 decimals of homestead land in terms of the Circular/Letter under Annexure-1. On perusal of said letter dated 30th January, 2002 (Annexure-1) issued by the Revenue Department, Government of Odisha (described as letter dated 21.06.2000 in the writ petition), it is apparent that the Government keeping in view the Resettlement and Rehabilitation Scheme formulated by the Water Resources Department, after careful consideration, was pleased to accept the proposal furnished by the Revenue Divisional Commissioner (Northern Division), Sambalpur in letter dated 21st June, 2000, for settlement of ten decimals of homestead land at the maximum by the concerned Tahasildars to each of the project displaced family of Hirakud Dam Project, irrespective of their annual income and other criteria stipulated in the Odisha Government Land Settlement Act and Rules framed thereunder. But from Annexure-2 issued by the Special Secretary to Government in Revenue Department, Government of Odisha, it appears that the said letter under Annexure-1 has been misinterpreted and it is stated under Annexure-2 that the Petitioners are entitled to ten decimals of homestead land. The stipulation under Annexure-1 is as under; “I am directed to say that keeping in view of the Resettlement and Rehabilitation scheme formulated by the Water Resources Department, Government^ after careful consideration, have been pleased to accept the proposal furnished in’ your letter under reference for settlement of Ac,0.10 (ten) decimal of homestead land at the maximum Page 3 of 5 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 08-Sep-2025 10:56:19 by the concerned Tahasildars with each project displaced family of Hirakud Dam Project, irrespective of their annual income arid, other criteria stipulated’ in the OGLS Act and. Rules framed thereunder.” (emphasis supplied) 5.2 It further appears from Annexure-7 that one Jayanarayan Padhan (Petitioner No.3) has been allotted with an area of Ac.0.06 decimals of ‘Gharabari’ kisam of land in Plot No.718 under Khata No.38; Petitioner No.2-Shivarayan Padhan has been allowed with Ac.0.04 decimals of ‘Gharabari’ kisam of land in Plot No.717 under Khata No.123; Petitioner No.1- Laxmi Narayan Padhan has been allotted with an area of Ac.0.04 decimals of ‘Gharabari’ kisam of land in Plot No.716 under Khata No.117; Petitioner No.4 -Satyanarayan Padhan has been allotted with an area of Ac.0.03 decimals of ‘Gharabari’ kisam of land in Plot No.715 under Khata No.128 in mouza/tahasil Binka in the district of Subarnapur, as their properties were acquired in Hirakud Dam Project. It appears from the orders passed by the Collector, Jharsuguda under Annexure-7 that the Petitioners in addition to their land allotted as above, have encroached upon government land adjacent to their dwelling houses and are attempting to assert right over the same by making unsuccessful attempts. It is also observed that the survey and settlement team allotted residential plots based on their actual possession in the year 2023. The plots settled in favour of the Petitioners are accurate and based on their possession. Thus, the representation of the Petitioners filed, considered pursuant to order dated 24th July, 2024 passed in W.P.(C) No.17389 of 2024, was rejected. The said order under Annexure-7 is not challenged in this writ petition. Page 4 of 5 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 08-Sep-2025 10:56:19 6. In view of the discussions made above, this Court finds that the Petitioners have no semblance of right to be settled with government land of Ac. 0.10 decimals each, as claimed. 7. Accordingly, the writ petition being devoid of merit, stands dismissed. s.s.ssatpathy (K.R. Mohapatra) Judge (Savitri Ratho) Judge Page 5 of 5