Allowed

Rajendra Kumar v. State of Chhattisgarh

Chhattisgarh HC21 Mar 2022WPC/1313/2022

Case brief

AI extract

What is this about?

High Court of Chhattisgarh disposed of a writ petition seeking directions for timely determination of compensation in a 2009 land acquisition case. Due to a 13-year delay, the court directed respondents to complete the award within 120 days citing the 2013 Land Acquisition Act.

What did the court decide?

Respondents No.2, 3 and 4 directed to expedite proceedings and dispose of the acquisition award within 120 days.

Rajendra Kumar Vs State of Chhattisgarh — Land Acquisition | Chhattisgarh HC (2022)

¶1

NAFR

¶2

HIGH COURT OF CHHATTISGARH, BILASPUR

¶3

Writ Petition (Civil) No.1313 of 2022

¶4

Rajendra Kumar S/o Late Anandi Lal Aged About 51 Years R/o Sadak Para, Pandara-Pathara, District Bilaspur, Chhattisgarh

¶5

Phool Bai Wd/o Ram Lal Kewat Aged About 76 Years R/o Ward No. 7, Pandara-Pathara, Belgahana, District Bilaspur, Chhattisgarh

¶6

Govind Lal (Died) Through LRs Nil.

¶7

(A) Sukhmat Bai Wd/o Govind Lal Aged About 82 Years R/o Village Ward No. 6, Sadak Para, Pandara-Pathara, District Bilaspur, Chhattisgarh

¶8

(B) Jay Singh S/o Late Govind Lal Aged About 54 Years R/o Village Ward No. 6, Sadak Para, Pandara-Pathara, District Bilaspur, Chhattisgarh

¶9

(C) Pancharam Porte S/o Late Govind Lal Aged About 54 Years R/o Village Ward No. 6, Sadak Para, Pandara-Pathara, District Bilaspur, Chhattisgarh

¶10

(D) Panch Kumari Maravi W/o Itwar Singh Maravi Aged About 50 Years D/o Late Govind Lal, Magarpara, Link Road, Bilaspur, Chhattisgarh

¶11

(E) Shyama Singh W/o Mahabir Singh Aged About 47 Years D/o Late Govind Lal, R/o Pancham Colony, Pendra, District Gourela-Pendra, Chhattisgarh

¶12

(F) Melan Bai Netam W/o Faguram Netam Aged About 45 Years D/o Late Govind Lal, R/o Ward No. 5, Sadak Para, Pandara-Pathara, District Bilaspur, Chhattisgarh

¶13

---- Petitioners

¶14

Versus

¶15

State Of Chhattisgarh Through Secretary Revenue Department, Mantralaya, Mahanadi Bhawan, Capital Complex, New Raipur, Civil And Revenue District Raipur, Chhattisgarh

¶16

The Collector Collectorate Bilaspur, District Bilaspur, Chhattisgarh

¶17

Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Competent Authority Kota, District Bilaspur, Chhattisgarh

¶18

-2-

¶19

Executive Engineer Water Resource Division, Kota Division, District Bilaspur, Chhattisgarh

¶20

Naib Tahsildar Tahsil Kota, District Bilaspur, Chhattisgarh

¶21

	---- Respondents
For Petitioners	– Ms. Reena Singh, Advocate.
For State	– Mr. Chandresh Shrivastava, Addl.A.G.

¶22

S.B.- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board

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21-03-2022

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Heard.

¶25

It is submitted by the learned counsel for the petitioners that the petitioners are land losers, whose lands were acquired way back in the year 2009 for construction in main canal under Amamuda Diversion Scheme. The acquisition proceeding has been initiated but till date the compensation has not been determined, therefore, this petition may be disposed off with appropriate direction.

¶26

Learned State counsel opposes the submissions made by learned counsel for petitioners and submits that Annexure-P/6, the document filed by the petitioners shows that the procedure for determination of award is continuing, therefore, there is no requirement of issuing any direction.

¶27

Considered on the submissions. As it appears that almost 13 years are going to pass and the compensation has not been determined in favour of the petitioner so far. Therefore, there appears to be need to direct the concerned authorities to expedite the proceeding and dispose off the same within a time limit. Hence, the petition is disposed off at the motion stage.

¶28

Respondents No.2, 3 and 4 are directed to expedite the proceeding in the acquisition case that is already continuing and dispose off the same at the earliest within a period of 120 days, taking cognizance of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

¶29

With these directions, the petition is disposed off.

¶30

Sd/-

¶31

Monika

¶32

(Rajendra Chandra Singh Samant)

¶33

Judge

Rajendra Kumar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rajendra Kumar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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