Disposed

Neelam Devi v. Union of India

Chhattisgarh HC7 Jul 2022WPC/2959/2022

Case brief

AI extract

What is this about?

Petitioners seeking interest on land acquisition compensation deposited but not released under Section 17(3) of the Cobrea Act, 1957. Court directed SECL to decide application within 60 days without passing judgment on merits.

What did the court decide?

Direction to respondents No. 5 and 6 to decide the petitioners' application for interest under Section 17(3) of the Act, 1957 within 60 days.

Neelam Devi Vs Union of India — Land Acquisition | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 2959 of 2022

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Neelam Devi W/o Rajkumar, Aged About 49 Years R/o Village Khedapali, Post Pusalda, Tehsil Dharamjaigarh, District : Raigarh, Chhattisgarh

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Ishwari Prasad S/o Bidurram Aged About 51 Years R/o Village Khedapali Post Pusalda, Tehsil Dharamjaigarh, District : Raigarh, Chhattisgarh

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Ashish S/o Rajkumar Aged About 24 Years R/o Village Khedapali Post Pusalda, Tehsil Dharamjaigarh, District : Raigarh, Chhattisgarh

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Himanshu S/o Ishwari Prasad R/o Village Khedapali Post Pusalda, Tehsil Dharamjaigarh

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---- Petitioners

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Versus

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Union Of India Through Ministry Of Coal Rajpath Area, Central Secretariat, New Delhi, Delhi 110001

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State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management Mantralaya Mahanadi Bhawan Raipur, District : Raipur, Chhattisgarh

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Collector Raigarh, District : Raigarh, Chhattisgarh

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Sub Divisional Officer (Revenue) Dharamjaigarh, District : Raigarh, Chhattisgarh

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South Eastern Coal Field Limited Through Its Chairman Cum Managing Director Seepat Road Bilaspur, District : Bilaspur, Chhattisgarh

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South Eastern Coal Field Limited Through Its General Manager Raigarh Region Office At Kelo Vihar Raigarh, District : Raigarh, Chhattisgarh

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---- Respondents

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For Petitioner : Mr. Hariom Rai, Advocate For State : Ms. Akanksha Jain, GA For Res. No.1 : Mr. Roop Naik, Advocate For Res.5 & 6 : Mr. Pankaj Agrawal, Advocate

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Hon'ble Mr. Justice P. Sam Koshy Order on Board

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07/07/2022

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1 . The default pointed out by the Registry stands ignored.

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2 . With the consent of the parties, matter was heard.

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3 . It is submitted by learned counsel for the petitioners that the land belonging to the petitioner was acquired for SECL under the provisions of Coal Bearing Areas (Acquisition and Development) Act, 1957 (in short 'the Act, 1957'). The compensation has been determined and the compensation has also been deposited with the Tribunal. However, the interest of the compensation has not been granted in accordance with Section 17(3) of the Act, 1957. The petitioner, therefore, moved an application dated 14-05-2022 to respondent No.6 praying for grant of interest in accordance with Section 17(3) of the Act, 1957, but the same is pending without any consideration. Therefore, it is prayed that appropriate direction be issued.

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4 . Learned counsel for Union of India/respondent No.1 and learned State counsel representing respondents No.2, 3 and 4 has no objection if the petition is disposed off with direction. Learned counsel for respondents No.5 and 6/SECL also submits that the case may be disposed off with direction.

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5 . After considering on the submissions, this petition is disposed off and respondents No.5 and 6 are directed to consider on the representation filed by the petitioners on 14-05-2022 and take decision on the same at the earliest taking cognizance of Section 17(3) of the Act, 1957 within a time limit of 60 days in accordance with law on its own merits. This Court has not made any observation on merits.

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Sd/(P. Sam Koshy) Judge

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Rohit

Neelam Devi v. Union of India

Case brief

What is this about?

What did the court decide?

Neelam Devi v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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