Disposed

Lohar Singh v. State of Chhattisgarh

Chhattisgarh HC19 Apr 2022WPC/1831/2022

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the High Court of Chhattisgarh directed the National Thermal Power Corporation to consider and decide the petitioners' representation for compensation within six months. The court also ordered the petitioners to file a fresh representation with specific land details within three weeks to facilitate the process.

What did the court decide?

Direction to petitioners to file fresh representation within three weeks; direction to NTPC to decide representation within six months of receipt.

Lohar Singh Vs State of Chhattisgarh — Land Acquisition | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1831 of 2022

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Lohar Singh S/o Nanhi Aged About 60 Years.

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Manohar S/o Late Asharam Aged About 63 Years.

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Lagan Saay S/o Late Asharam Aged About 62 Years. All are R/o Village Kudhurmouha, Tahsil Gharghoda, District Raigarh Chhattisgarh.

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---- Petitioners

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Versus

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State of Chhattisgarh Through Secretary Revenue and Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar Raipur, District Raipur, Chhattisgarh.

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State of Chhattisgarh, Through Secretary Department of Industries, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur, Chhattisgarh.

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Collector Raigarh, District Raigarh, Chhattisgarh.

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Land Acquisition Officer - Cum - Sub Divisional Officer (Revenue) Gharghoda, District Raigarh, Chhattisgarh.

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National Tharmal Power Company Limited Through Its General Manager Tilaipali Coal Block Project OfficeaAt Lailunga Road Gharghoda, District Raigarh, Chhattisgarh.

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---- Respondents

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For Petitioners : Mr. K K Patel, Advocate. For State /Respondents No.1 to 4 : Mr. Aditya Tiwari, PL. For Respondent No.5 : Mr. BD Guru, Advocate.

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Hon'ble Shri Justice Parth Prateem Sahu Order on Board

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19/04/2022

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This writ petition is filed under Article 226 of the Constitution of India with

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following reliefs :-

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“10.1. That this Hon'ble Court kindly be pleased to direct the respondents for deciding claim of the petitioners within time frame.

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10.2. Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioners”

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Learned counsel for petitioners submits that petitioners have been allotted forest land on lease under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006, (for

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short, 'Act of 2006'), and thereby they acquired ownership rights as provided under Section 3(r)(ii) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, (for short, 'Act of 2013'). The land allotted to petitioners have been acquired by respondent/NTPC under the Coal Bearing Act Areas Acquisition and Development Act, 1957, (for short, 'Act of 1957'), but till date NTPC has not paid any compensation to the petitioners. Representation submitted by petitioners have not been considered by NTPC. Hence, a direction may be issued to respondent/NTPC to consider and decide the representation submitted by petitioners at the earliest in accordance with law.

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Learned counsel for respondent No.5/NTPC opposes submissions of counsel for petitioners and submits that in the representation pending before NTPC specific details of land, which was possessed and acquired by NTPC have not been mentioned. As there is no specific detail of lands in representation, no order can be passed. He also contended that representation submitted by petitioners by postal receipt shows that it has been forwarded to respondent only on 11.04.2022, hence, writ petition is pre-mature at present.

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Learned State Counsel adopts submission of counsel for respondent No.5/NTPC.

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At this stage, counsel for petitioners submits that other similarly situated land oustees who have also preferred WPC No.1383/2022 before the High Court, Co-ordinate Bench of this Court granted liberty to petitioners therein to file representation before respondent-authorities concerned for redressal of their grievance and in turn respondent-authorities were directed to decided representation within six months. He submits that this

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petition may also be disposed of in similar terms.

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Heard counsel for the parties.

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As limited prayer is made by counsel for petitioners that their representations be considered and decided within specific time frame on the ground that petitioners have been alloted lands by the Competent Authority under the Act of 2006 which were now acquired, I am of the view that no purpose will be served to keep t his writ petition pending before this Court and it will be in the interest of both the parties, if direction is issued to decide representation of petitioners at the earliest.

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Considering submissions of counsel for the parties, documents available on record, petitioners are directed to submit fresh representation before respondent No.5/NTPC within a period of three weeks, giving specific details of land/property owned by them. If petitioners files representation regarding their claim for compensation, the same shall be considered and decided by respondent/NTPC, in accordance with law expeditiously preferably within a period of six months from the date of receipt of copy of representation.

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With above direction, writ petition stands disposed of.

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CC as per rules.

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Sd/(Parth Prateem Sahu) Judge

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Jamal/-

Lohar Singh v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Lohar Singh v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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