Writ petition challenging road construction on land alleged to be unacquired by the State. Court stayed proceedings pending compensation determination.
Respondents directed to determine suitable compensation and make payment within five months from today.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HON'BLE HIGH CQU§T OF CHHATTISGARH AT BILASPUR LT?”
w.P.(C)No. /2o13 ' PETITIONERS :1./Manohar Singh S/o Indrajee’r Singh, aged abquf 60 years. 2. Padma 60nd W/o Shri >5mf. Bhagir‘dfhi 60nd, agedubouf 35 years. x 3./Char'nar Singh S/o Harchand, aged abouT 7O year‘s. $w;;;;\igafk‘tlv'xx‘x‘Jn - 4. {/Fir‘fu S/o Ghasiya Gond, aged ”9‘93" .,.u"'”‘ ' azaL‘.a--'”‘” abouT 42 year‘s. 5. ,xHeeramofi S/o Jageshwar 60nd, aged abouT 2O years. 6.V«Gour' Singh S/o Sobha Ram 60nd, aged abouT 72 year‘s. 7.( Punif Ram S/o Suklu Das, aged abouf 55 years. 8.¢« Rajardm S/o Ramprasad, aged about 25 year‘s. 9 Dayanidhi s/o éulu‘rhu Binjhwar‘, aged abouf 71 years. 10w Kanhaiya S/o Bhaga’r Ram, aged abou’r 55 years. 11.~""Jai'rram S/o Nanku 60nd, aged abouf 68 years. 12., Ishwar S/o Bhagaf Ram Gond, aged abou’f 55 years.
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18./’Alekh S/o Premsingh, aged abou’r 58 year‘Si All are R/o Village Barpani, P5‘?: - - Tahsil Kasdol, DIsTr'icT L a Baloda Bazar-Bha‘rapara (C.G.).
VERSUS
RESPONDENTS : 1.” é’S’raTe of Chhaf’risgar‘h Through :— The Secretary, Public Works Deparfmenf, Mahanadi Manfralaya, New Raipur, Disfric’r- Raipur (6.6.)
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Engineer in Chief
P.W.D., 6.6. Governmem‘, Raipur (C.G.)
Execu’rive Engineer,
P.W.D. Division, Baloda Bazar, - - Disfricf. Baloda Bazar BhaTapara (C.G.').
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4.éwExecuTive Engineer P.W.D. Divisioh Mahasamund, Dis’rr‘icTMahasamund (C.G.). 5.x Sub Divisional Officer & Land Acquisition Officer, Biluigar‘h, Disfr'icf - Bnioda 'Bazar — ’ Bhafapar'a (C.G.). 6. g” Sub’Divisionai Officer,
P.W.D. (S. 1-‘ Bh.) Kasdoi, Disfric‘rBaioda Bazar Bhafapar‘a (CG)
WRIT PETITION UNDER ARTICLE g26/227 OF THE
CONSTITUTION OF INDIA.
HIGH COURT OF CHHATTISGARH AT BILASPUR
SB: Hon'ble Shri Justice Pritinker Diwaker
w.P. (C) No.47/2o13
PETITIONERS
Manohar Singh and others
VERSUS
RESPONDENTS
State of Chhattisgarh and others
Shri Anil Singh Rajput counsel for the petitioners. Shri Arun Sao Dy. AG for the respondents.
Shri A.K. Diwan— Executive Engineer PWD B/R Division Mahasamund, Shri M. Prasad— Executive Engineer PWD B/R Division Baloda Bazar, Shri A.K. Chaudhary — Executive Engineer, PMGSY, Mahasamund and Shri R.K. Meshram — SDO PWD Sub Division, Kasdoi are aiso present.
ORDER
(08.10.2013)
Grievance of the petitioners is that without acquiring their Iand the road has been constructed thereon in the year 2005-06 by the State authorities and tili date neither any compensation has been paid to them nor their Iand has been Vacated.
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the SDO (Revenue) Sub Division BiiaigarhDistrictBalodaBazar and in all probabiiity compensation would be giventothemwithin four months.
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1 issue framed by the court
Whether the construction of a road on petitioners' land without prior acquisition warrants interference.
1 provisions across 1 enactments
Manohar Singh and others
State of Chhattisgarh through the Secretary, Public Works Department
Pritinker Diwaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
