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

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Chhattisgarh HC
2019
Najiya Begam Vs State of ChhattisgarhNajiya Begam v. State of Chhattisgarh

Disposed

Najiya Begam v. State of Chhattisgarh

Chhattisgarh HC16 Apr 2019WPC/590/2019

Case brief

AI extract

What is this about?

Legalese to null. The petitioner claimed she was satisfied with the land acquisition award and agreed to receive compensation without interest. The court disposed of her writ petition directing the authorities to disburse the assessed compensation within two months.

What did the court decide?

Direction to respondent authorities to disburse the compensation assessed to the petitioner within two months.

What the court decided

AI extract

Outcome

Direction to respondent authorities to disburse the compensation assessed to the petitioner within two months.

Issue for consideration

Whether the petition for compensation under the Land Acquisition Act ought to be allowed given the petitioner's acceptance of the award amount.

Detailed headnote1 paragraphs

A writ petition filed by a suitable person whose lands were acquired praying for compensation is dismissed when she states she is satisfied with the award. The court directed the respondent authorities to disburse the assessed compensation amount to the petitioner within a period of two months from the date of the order.

A compact analysis

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.

A

1

HIGH COURT OF CHHATTISGARH, BILASPUR

WPC No. 590 of 2019

Najiya Begam, D/o. Abdul Rahim, Aged About 35 Years, R/o. Byron Bazar, Raipur, Tahsil & District- Raipur, Chhattisgarh.

---- Petitioner

Versus

State Of Chhattisgarh, Through Its Secretary, Department Of Revenue, Mahanadi Bhavan, Atal Nagar, District- Raipur, Chhattisgarh.

Collector Raipur, District- Raipur, Chhattisgarh.

Land Acquisition Officer-Cum-Sub Divisional Officer (Revenue) Of Sub Division Arang/Abhanpur, Head Office, Raipur, District- Raipur, Chhattisgarh.

---- Respondents

For Petitioner : Mr. Kamal Kishore Patel, Advocate For State/Respondents : Mr. Rahul Jha, Govt. Advocate

Hon'ble Shri Justice Goutam Bhaduri

Order On Board

16.04.2019

Heard.

The petitioner's lands were acquired at village Kayabandha and award has been passed on 28.08.2015. It is stated that the petitioner now has instructed that he is agreed to receive the amount without any interest as because of pendency of the writ petition bearing W.P.(C) No.1749 of 2013 the amount has not been disbursed to him.

Be that as it may, even assuming the award is set aside in W.P.(C) No.1749 of 2013 it will not bind this petitioner. The benefit of the petitioner would govern in W.P.(C) No.1749 of 2013. Any writ of the Court cannot bind the petitioner who do not wish to challenge acquisition proceedings being satisfied with the award.

2

In view of the statement made by the petitioner that he is satisfied with the award, the petition stands disposed of with a direction to the respondent authorities to disburse the compensation assessed to the petitioner within a period of two months from today.

Sd/-

Goutam Bhaduri Judge

ashok

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petition for compensation under the Land Acquisition Act ought to be allowed given the petitioner's acceptance of the award amount.

Parties & counsel

AI extract

petitioner
Najiya Begam
respondent
State Of Chhattisgarh

Coram

AI extract

Goutam Bhaduri

Case details

As recorded by the court registry

Court: Chhattisgarh HC
Decided on: 16 Apr 2019 · April
Registered: 18 Feb 2019
Case no.: WPC/590/2019
CNR: CGHC010058272019
Topic: Land Acquisition
Bench: Goutam Bhaduri
Disposal: DISPOSED OFF

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Cite this judgement

Najiya Begam v. State of Chhattisgarh, WPC/590/2019 (CG), decided on 16 April 2019.

The High Court of Chhattisgarh publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Goutam Bhaduri

Parties & counsel