Disposed

Bhaga Bai v. State of Chhattisgarh

Chhattisgarh HC7 Jul 2022WPC/2949/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh disposed of a writ petition filed by landowners seeking compensation for property acquired in 2015. The court directed the collector to release the outstanding compensation within 60 days, while dismissing the immediate claim for interest and directing petitioners to seek it through appropriate application.

What did the court decide?

Directing respondent No.3 to release outstanding compensation within 60 days; directing petitioners to seek interest through appropriate application.

Bhaga Bai 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. 2949 of 2022

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Bhaga Bai W/o Late Shri Bodhi Dhruv Aged About 62 Years.

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Ishwar Dhruv S/o Late Shri Bodhi Dhruv Aged About 54 Years.

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Durga Dhruv D/o late Shri Itwari Dhruv Aged About 19 Years.

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Kaushilya Dhruv W/o Late Shri Itwari Dhruv Aged About 58 Years.

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Lakshmi Bai Dhruv W/o Late Shri Mukesh Dhruv Aged About 30 Years.

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Radhika Dhruv D/o Late Shri Mukesh Dhruv Aged About 9 Years.

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Roshni Dhruv D/o Late Shri Mukesh Dhruv Aged About 12 Years.

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Mansi Dhruv D/o Late Shri Mukesh Dhruv Aged About 7 Years Petitioner Nos.6 to 8 being minor are represented through their legal guardian mother Kaushilya Dhruv, all are R/o village - Chicha, Palod, Raipur (C.G.).

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---- Petitioners

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Versus

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State of Chhattisgarh Through The Secretary, Department of Revenue, Mantralaya, Naya Raipur, District : Raipur, Chhattisgarh.

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Collector-Cum-Officiating Dy. Secretary (In Land Acquisition Matter) Raipur District - Raipur (C.G.).

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SDO-Cum-Land Acquisition Aarang (Performed The Duties A Collector In the Matter of Land Acquisition Matter) Tahsil Aarang/Abhanpur, District : Raipur, Chhattisgarh.

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Nava Raipur Development Authority (NRDA) Through Its Chief Executive Engineer, Govind Sarang Parisar, 2nd Floor, New Rajendra Nagar, Sector - 7, Raipur, District : Raipur, Chhattisgarh.

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--- Respondents

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For Petitioners : Mr. Arvind Shrivastava, Advocate. For Respondent/State : Mr. Rahul Jha, GA.

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Hon'ble Shri P. Sam Koshy, Judge Order on Board

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07/07/2022

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Heard.

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The grievance of the petitioner in the present writ petition is that the property belonging to the petitioner's family bearing Khasra No.225 measuring 0.10 hectares at village Riko PH. No.21, Tahsil Arang, Distt. Raipur, was acquired by the respondent No.3 for respondent No.4. The award under the Land Acquisition Act was passed as early as on 31.12.2015 but till date the petitioner or his family members have not received any compensation amount against the said acquisition of their family property.

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According to the petitioner, he should now also be paid interest on the said amount.

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Considering the fact that there is already an award passed on 31.12.2015, the writ petition at this juncture stands disposed of directing the respondent No.3 to ensure that compensation amount payable to the petitioner if it has not been released till now is released in accordance with law at the earliest preferably within a period of 60 days.

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As regards the claim of interest on the delayed payment of compensation, the petitioner would have to move an appropriate application before the respondent No.3, who, in turn, shall decide the same in accordance with law as to whether the petitioner would be entitled for interest or not, which would always be subject to challenge by the petitioner, if still aggrieved.

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The writ petition accordingly stands disposed of.

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Sd/(P. Sam Koshy) Judge

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J/-

Bhaga Bai v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Bhaga Bai v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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