Allowed

Dr. Prabhat Gupta v. State of Chhattisgarh

Chhattisgarh HC11 Jul 2022WPC/551/2020

Case brief

AI extract

What is this about?

The High Court discharged the Land Acquisition Officer of jurisdiction to revise a compensation award once it was passed, deeming the authority functus officio. The court allowed the writ petition, quashed the revised 2019 award reducing compensation, and restored the original 2016 award.

What did the court decide?

The revised award dated 16.10.2019 is quashed/set aside, and the original award dated 18.06.2016 is restored.

Dr. Prabhat Gupta Vs State of Chhattisgarh — 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. 551 of 2020

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Dr. Prabhat Gupta S/o Shri Bhagwati Prasad Gupta Aged About 76 Years R/o Gupta Nursing Home Ratnabandha, Road, Dhamtari, Tahsil And District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh

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Dr. Sumit Gupta S/o Dr. Prabhat Gupta Aged About 44 Years R/o Gupta Nursing Home Ratnabandha, Road, Dhamtari, Tahsil And District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh

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Dr. Aradhana Gupta W/o Dr. Sumit Gupta Aged About 43 Years R/o Gupta Nursing Home Ratnabandha, Road, Dhamtari, Tahsil And District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh

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---- Petitioners

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Versus

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State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mantralaya, New Raipur, Police Station Rakhi, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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The Collector, Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh

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The Sub Divisional Officer Cum Land Acquisition Officer District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh

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National Highways Authority Of India Through Its Project Director, Project Implementation Unit, Dhamtari, Office Block F - 5, Shivraj Greens, Sihawa Road, Dhamtari, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh

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---- Respondents

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For Petitioner : Mr. Tridib Bhattacharya, Advocate For State : Ms. Akanksha Jain, Dy. GA For Respondent No.4 : Mr. Dhiraj Wankhede, Advocate

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

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11/07/2022

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1 . The issue involved in the case is the action on the part of the Land Acquisition Officer who has revised his own award dated 18.06.2016 passed by the revised impugned award dated 16.10.2019. By way of a revised award, the earlier award of compensation of Rs. 36, 61,272 reduced to 21,66,272.

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2 . The reduction in the original award was on the basis of multiplier that was made applicable while quantifying the compensation.

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3 . An identical set of facts came up before this Court in a bunch of writ petition leading of which being WPC No. 665/2019 decided on 14.09.2020. It is also reported in 2020 SCC Online Chh 759. Vide the said order this Court has held that once when the award is passed the Land Acquisition Officer becomes functus officio and does not have the power and jurisdiction to revise the award unless it is remitted back by any superior authority.

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4 . Given the fact that bunch of writ petitions on identical set of facts have already been decided by this Court, the instant writ petition also deserves to be and is accordingly allowed and to the aforesaid extent of the impugned revised award dated 16.10.2019. Accordingly in terms of the order passed in the aforementioned bunch of writ petitions decided by this Court the impugned revised award dated 16.10.2019 stands set aside/quashed and original award dated 18.06.2016 would stand restored. The quashment and setting aside of the revised award by this Court in the present writ petition would leave open the liberty of the respondents to assail the same, if at all, if they want subject to the law providing for the same in accordance with law. The writ petition, therefore, is accordingly allowed in terms of the order passed in WPC/665/2019 and other connected matters decided by this Court on 14.09.2020.

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5 . The writ petition accordingly stands disposed off.

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Sd/(P. Sam Koshy) Judge

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Rohit

Dr. Prabhat Gupta v. State of Chhattisgarh

Case brief

What is this about?

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Dr. Prabhat Gupta v. State of Chhattisgarh

Case brief

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