Mukunda Majhi & Anr. v. State of Odisha & Ors.

Opp. Parties Mr. Manmaya Kumar Dash, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA Order No. ORDER 16.04.2026

This matter is taken up through hybrid mode.

The grievance of the Petitioners in this writ petition is with regard to inaction of the Opposite Parties in sanctioning and disbursing compensation amount in favour of the Petitioners pursuant to Judgment dated 5th May, 2025 (Annexure-1) passed by the learned LAR & R Authority, Berhampur in LAR & R Case No.145 of 2023.

It is submitted by Mr. Das, learned counsel for the Petitioners that for acquisition of the land, L.A. Case No.15 of 2016 was initiated by the Land Acquisition and Rehabilitation Officer, RET Irrigation Project, Kusumkhunti, in the district of Kalahandi and compensation was awarded. The Petitioners being not satisfied with the quantum of compensation, filed an application under Section 64 of the Right to Fair and Transparency in Land Acquisition, Rehabilitation Resettlement Act, 2013 (for brevity ‘the Act’). Accordingly, the matter was referred to the LAR & R Authority, Berhampur, and was registered as LAR & R Case No.145 of 2023. The said reference was disposed of vide judgment dated 5th May, 2025 under Annexure-1 enhancing the compensation as detailed therein. Although the judgment was passed on 5th May, 2025, but the Petitioners are yet to receive the compensation at the enhanced rate.

Taking into consideration the grievance of the Petitioners, this Court vide order dated 7th March, 2026, directed learned State Counsel to take instruction in the matter. Accordingly, the Land Acquisition and Rehabilitation Officer, RET Irrigation Project, vide his letter No.81/UIIP dated 16th April, 2026, instructed learned State Counsel that the matter is now pending with the Government for sanction. On receipt of sanction, the amount as directed by LAR & R Authority under Annexure-1 shall be released in favour of the Petitioners.

Mr. Das, learned counsel for the Petitioners, however, submits that almost one year has already elapsed in the meantime but the Petitioners could not enjoy the fruits of the order under Annexure-1 for loss of his valuable piece of land.

Taking note of the submission made by learned counsel for the parties, this Court directs the Director, (R&R) and Special Secretary to Government, Department of Water Resources, to accord sanction as expeditiously as possible preferably by end of July, 2026, if there is no legal impediment. The Land Acquisition and Rehabilitation Officer, RET Irrigation Project, Kusumkhunti, upon receipt of order of sanction, if any, shall release the compensation to the Petitioners as expeditiously as possible, preferably by end of August, 2026 on verification of their entitlement and on proper acknowledgement.