Disposed

Sumend Ram v. State of Chhattisgarh

Chhattisgarh HC4 Apr 2023WPC/1233/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh disposed of connected writ petitions challenging non-payment of compensation for land acquired for canal construction. The Court directed petitioners to appear before Respondents with fresh claim applications and title documents for scrutiny within six months.

What did the court decide?

Petitioners directed to appear before Respondents 2-4 with fresh claim applications detailing acquired land and title documents; authorities to process and decide within six months.

Sumend Ram Vs State of Chhattisgarh — Land Acquisition | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 1233 of 2023

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Sumend Ram S/o Nanki Aged About 55 Years R/o Village Bhuigaon, R.I.C. Rahod Tahsil Pamgarh, District - Janjgir Champa Chhattisgarh.

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---- Petitioners

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Versus

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State Of Chhattisgarh Through - The Secretary, Department Of Irrigation And Water Recourses, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh.

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Collector Janjgir, District - Janjgir- Champa Chhattisgarh.

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Sub Divisional Officer (R), Pamgarh, District - Janjgir-Champa Chhattisgarh.

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Sub Divisional Officer (R) Branch Canal Sub Division- 8, Loharsi, District - Janjgir-Champa Chhattisgarh.

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Executive Engineer Hasdeo Canal (W/m) Water Resources Division, Janjgir, District - Janjgir-Champa Chhattisgarh

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---- Respondents

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WPC No. 1537 of 2023

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Maniram Kewat S/o Sadhram Aged About 76 Years R/o Village Bhuigaon, R. I. C. Rahod, Tahsil Pamgarh, District : Janjgir-Champa, Chhattisgarh

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---- Petitioners

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Versus

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State Of Chhattisgarh Through The Secretary, Department Of Irrigation And Water Resources, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

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Collector Janjgir, District : Janjgir-Champa, Chhattisgarh

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Sub Divisional Officer (R) Pamgarh, District : Janjgir-Champa, Chhattisgarh

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Sub Divisional Officer (R) Branch Canal, Sub Division-8, Loharsi, District : Janjgir-Champa, Chhattisgarh

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Executive Engineer Hasdeo Canal ( W / M ) Water Resources Division, Janjgir, District : Janjgir-Champa, Chhattisgarh

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---- Respondents

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For Petitioners : Mr. N.K. Chatterjee, Advocate For State : Mr. Aman Kesharwani, Panel Lawyer

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

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04/04/2023

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Counsel for the petitioners undertakes that the default pointed out by the Registry shall be cured during the course of the day itself.

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Since the connected matters have already been disposed of, the present writ petitions also have been heard with the consent of the parties and disposed of in similar terms.

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Since the relief sought for by the Petitioners in the present bunch of Writ Petitions is the same and the Respondents also being the same, all the Writ Petitions are being decided by this common Order.

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Grievance of the Petitioners is the alleged non-payment of compensation in respect of their private property which stood acquired by the State Government for the purpose of construction of Minor-2 and Minor-3 Canal under the Hasdeo-Bango Pariyojna, Bhuigaon. The said construction of canal is said to have taken place somewhere in the year 1983-84.

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Contention of the Petitioners before this Court is that none of them have been paid any compensation in respect of their land which stood acquired. The details of the property which is owned by each of the Petitioners is mentioned in paragraph 8.3 of each of the Writ Petitions, which for avoiding contradictions is being avoided by this Court from being reproduced in this Order.

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Learned State Counsel, on the previous date of hearing, took time to seek instructions from the Department. Upon instructions, learned State Counsel submits that, in most of the cases, the name of the Petitioners could not be detected as land owner from the revenue records and, in all probability, the persons whose name is reflected as land owner, might have already received compensation, which would be a matter of scrutiny and verification.

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Be that as it may, the factual matrix of the case is that of the land of the Petitioners being acquired by the State Government for the purpose of

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construction of Minor-2 and Minor-3 Canal under the Hasdeo-Bango Pariyojna, Bhuigaon.

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This Court is of the opinion that the present bunch of Writ Petitions can be and is accordingly disposed of, at this juncture, directing the Petitioners to appear before Respondents No.2 to 4 along with a fresh claim application. The Petitioners should give detailed information in respect of the land which they owned and which stood acquired/affected along with relevant title documents, if any, available with the Petitioners. They should also provide with documents to show the relationship, if any, with the original title holder reflected in the revenue records as the land owner.

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Upon such claim application being made by the Petitioners before Respondents No.2 to 4, the same shall be immediately processed by the Respondent authorities and, after thorough scrutiny and verification of the claim of the Petitioners both in respect of alleged acquisition or whether the Petitioners were affected persons in the course of construction of the said Minor-2 and Minor-3 Canal, appropriate decision shall be taken strictly in accordance with law, within an outer limit of six months' period. The Respondent authorities in the course of taking decision shall also deal with the consequential steps that they are required to take in accordance with the decision taken.

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10. With aforesaid direction/observation, the Writ Petitions stand disposed of.

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Sd/- (P. Sam Koshy) Judge

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Ved

Sumend Ram v. State of Chhattisgarh

Case brief

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Sumend Ram v. State of Chhattisgarh

Case brief

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