Dismissed

Smt. Urmila Bai Kewat v. State Of Chhattisgarh

Chhattisgarh HC22 Jan 2016WPC/170/2016

Case brief

AI extract

What is this about?

Holders of land acquired for a power project filed writ petitions for compensation disbursement, enhancement, and rehabilitation benefits. The High Court observed that remedy lies in applying to the Land Acquisition Officer or civil court under Section 18 of the 1894 Act. Since petitions were withdrawn, they were dismissed with liberty.

What did the court decide?

Petitions dismissed as withdrawn with liberty to move appropriate applications before competent authority regarding compensation release, enhancement, and rehabilitation policy benefits.

Smt. Urmila Bai Kewat Vs State Of Chhattisgarh — Land Acquisition | Chhattisgarh HC (2016)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 164 of 2016

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Ramkrishna Yadav S/o Shri Pardeshi, Aged About 56 Years .

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Narayan S/o Shri Pardeshi, Aged About 52 Years .

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Gopal, S/o Shri Pardeshi, Aged About 48 Years .

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Parwati W/o Late Pardeshi, Aged About 70 Years .

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Bahura Bai D/o Late Pardeshi, Aged About 43 Years .

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All R/o Marwa Tendu Bhata, Janjgir, Tehsil And Revenue District Janjgir Champa (Chhattisgarh).

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---- Petitioners

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Versus

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State Of Chhattisgarh Through : The Secretary, Department Of Rehabilitation Mantralaya, Raipur (Chhattisgarh)

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Superintending Engineer C.S.P.G.C.L. ( C.S.P.D.C.L.) (Chhattisgarh Rajya Vidhut Vitran Company Utpadan Company Maryadit Janjgir Champa), Power Project Marwa Tendu Bhatha, Janjgir, District Janjgir Champa. (Chhattisgarh)

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Chief Engineer, C.S.P.G.C.L. (C.S.P.D.C.L.), Korba (Chhattisgarh)

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Superintending Engineer, C.S.P.G.C.L. (C.S.P.D.C.L.), Korba (Chhattisgarh)

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Collector, Janjgir, District - Janjgir Champa (Chhattisgarh)

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Sub Divisional Officer ( Revenue ) Janjgir, District Janjgir Champa (Chhattisgarh)

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Tehsildar, Janjgir, District Janjgir Champa (Chhattisgarh)

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---- Respondents

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And

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WPC No. 165 Of 2016

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Akdashia Sahu S/o Shri Bhakoli, Aged About 55 Years R/o Lachhanpur, Janjgir, Tehsil And Revenue District - Janjgir (Chhattisgarh)

---- Petitioner

State Of Chhattisgarh Through : The Secretary, Department Of Rehabilitation Mantralaya, Raipur (Chhattisgarh)

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Superintending Engineer C.S.P.G.C.L. ( C.S.P.D.C.L.) (Chhattisgarh Rajya Vidhut Vitran Company Utpadan Company Maryadit Janjgir Champa), Power Project Marwa Tendu Bhatha, Janjgir, District Janjgir Champa. (Chhattisgarh)

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Chief Engineer, C.S.P.G.C.L. (C.S.P.D.C.L.), Korba (Chhattisgarh)

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Superintending Engineer, C.S.P.G.C.L. (C.S.P.D.C.L.), Korba (Chhattisgarh)

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Collector, Janjgir, District - Janjgir Champa (Chhattisgarh)

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Sub Divisional Officer ( Revenue ) Janjgir, District Janjgir Champa (Chhattisgarh)

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Tehsildar, Janjgir, Tahsil And District Janjgir Champa (Chhattisgarh)

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---- Respondents

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And

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WPC No. 170 Of 2016

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Smt. Urmila Bai Kewat W/o Late Shri Milaou Ram, Aged About 60 Years .

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Gautam S/o Late Shri Milaou Ram Aged About 46 Years .

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Rishi Kumar S/o Late Shri Milaou Ram Aged About 44 Years .

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Shrawan S/o Late Shri Milaou Ram Aged About 43 Years .

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Bhagwati Bai D/o Late Shri Milaou Ram, Aged About 40 Years .

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Gomti Bai D/o Late Shri Milaou Ram, Aged About 35 Years .

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All R/o Marwa Tendu Bhatha, Janjgir, District Janjgir, Tehsil And Revenue District Janjgir Champa (Chhattisgarh)

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---- Petitioners

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State Of Chhattisgarh Through : The Secretary, Department Of Rehabilitation Mantralaya Raipur (Chhattisgarh)

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Superintending Engineer, C.S.P.G.C.L. (C.S.P.D.C.L.) (Chhattisgarh Rajya Vidhut Vitran Utpadan Company Maryadit Janjgir Champa), Power Project Marwa Tendu Bhatha, Janjgir, District Janjgir Champa (Chhattisgarh)

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Chief Engineer, C.S.P.G.C.L. (C.S.P.D.C.L.), Korba (Chhattisgarh)

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Superintending Engineer , C.S.P.G.C.L. (C.S.P.D.C.L.), Korba

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(Chhattisgarh)

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Collector, Janjgir, District - Janjgir Champa (Chhattisgarh)

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Sub Divisional Officer ( Revenue ), Janjgir, District Janjgir Champa (Chhattisgarh).

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Tehsildar, Janjgir, Tahsil And District Janjgir Champa (Chhattisgarh)

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---- Respondents

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For Petitioners : Shri RK Jaiswal, Advocate For Respondents-State : Shri Arun Sao, Dy. AG for the State For Respondent CSPDCL : Shri KR Nair, Advocate

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Hon'ble Shri Justice Prashant Kumar Mishra

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Order On Board

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22/01/2016

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These writ petitions have been preferred by the holders of land, which has been acquired by the Land Acquisition Officer, Janjgir-Champa for construction of power generation plant and allied purposes for the benefit of Chhattisgarh State Power Generation Company Ltd. Petitioners are claiming disbursal of the award amount, its enhancement and for seeking employment under the rehabilitation policy.

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For disbursal of the award amount, the petitioners are only required to move an application before the concerned Land Acquisition Officer. Similarly If they are not satisfied with the awarded amount, it always remains open for them to apply for demand of adequate compensation, in accordance with the Land Acquisition Act, 1894 (for short 'the Act, 1894') and to seek reference to the jurisdictional civil Court under Section 18 of the Act, 1894. The petitioners may also move an application for seeking benefit of the rehabilitation policy before appropriate authority.

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In view of the above, learned counsel for the petitioners seeks permission of

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the Court to move necessary application before the competent authority for release of the amount of compensation and/or enhancement of the amount of compensation as also to seek benefit of rehabilitation policy of the Government.

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Accordingly, all the writ petitions are dismissed as withdrawn with the aforesaid liberty. If the petitioners applications are not decided, it will remain open for them to take recourse of such remedy, as is available to them in law.

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Sd/-

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Judge

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Prashant Kumar Mishra

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ashu

Smt. Urmila Bai Kewat v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Smt. Urmila Bai Kewat v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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