Disposed

Miluram v. State of Chhattisgarh

Chhattisgarh HC9 Jan 2019WPC/33/2019

Case brief

AI extract

What is this about?

The Single Judge directed the petitioner to move a representation to the Collector for revision of land acquisition compensation, relying on the Division Bench judgment in WPC No.1649 of 2017 that struck down a multiplier factor of 1.

What did the court decide?

Direction to petitioner to move representation to Collector within 4 weeks for decision within 10 weeks after fresh notification.

Miluram Vs State of Chhattisgarh — Land Acquisition | Chhattisgarh HC (2019)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 33 of 2019

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Miluram S/o Bodhiram Sahu Aged About 73 Years R/o Village Temri, Tahsil Nawagarh, District Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Through The Secretary Revenue And Disaster Management Department Mahandi Bhawan, Mantralaya, New Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

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The Collector Bemetara District Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh

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The Sub Divisional Officer (Revenue) Bemetara, District Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh

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The Project Director, National Highway Authority Of India, Project Implementing Unit, Abhilasha Parisar, Behind New Bus Stand, Tifra, Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

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---- Respondents

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For Petitioner Shri V. R. Tiwari, Advocate For Respondent-State Shri Sudeep Verma, Dy. GA For Respondent No.4 Shri N. K. Vyas, Advocate

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Hon'ble Justice Mr. Prashant Kumar Mishra

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Order On Board

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09/01/2019

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The petitioner's land has been acquired for construction of national highway, however, while assessing compensation payable to the petitioner, multiplier factor of 1 has been applied, whereas, the Division Bench of this Court in WPC No.1649 of 2017 ( Smt. Anita Agrawal Vs. State of Chhattisgarh and

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others ) and other connected petitions has set-aside the Notification dated 4.12.2014, applying multiplier factor of 1 with direction to the State Government to issue fresh Notification indicating the multiplier factors in terms of the guidelines laid down in the statute and the judgment of the Division Bench.

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The following has been held by the Division Bench in para 10, 11 & 12.

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“10.Further, the question is not about the power of the State Government to issue such notification, the question is the manner in which such power has been exercised which can also be levelled as mindless exercise of power since by restricting the multiplier of factor to 1.00, the State is obviously trying to treat all land owners as one. This will deny to the poor land owners of the remote villagers, fair compensation and rehabilitation, which is the primary object behind the new Land Acquisition Act of 2013.

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Drawing analogy from the view taken by the Division Bench of Bombay High Court, which we have quoted with due approval, Court is left with no option but to strike down the notification dated 04.12.2014 contained in Annexure P/1. A direction is issued that keeping in mind the legal position which emerges, the State Government will issue a fresh notification indicating the multiplier factors, in terms of the guidelines laid down in the statute and the judgment.

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12.It goes without saying that all awards and compensations in relation to not only these Petitioners but all such persons whose lands have been acquired and a multiplier of 1.00 has been used for calculating the compensation, the same will be required to be revised and revisited in light of the new notification, which is required to be notified by the State Government, on 12priority.”

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In view of the above, the present writ petition is disposed of with direction that the petitioner shall move a representation before the concerned Collector (Land Acquisition)-respondent No.2 within a period of 4 weeks from today. Thereafter, the said

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Collector shall decide the representation within 10 weeks from the date of the State Government's fresh Notification in terms of

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the directions issued by the Division Bench.

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The writ petition stands disposed of.

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Sd/Prashant Kumar Mishra Judge

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Nirala

Miluram v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Miluram v. State of Chhattisgarh

Case brief

What is this about?

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