Disposed

Rooprai Suryawanshi v. State Of Chhattisgarh

Chhattisgarh HC8 Dec 2023WPC/2088/2017

Case brief

AI extract

What is this about?

This writ petition sought a direction to restrain road construction without compensation certification. The High Court directed the respondents to decide the petitioner's application for demarcation of land under Section 129 of the C.G. Land Revenue Code within six months.

What did the court decide?

Direction to respondents to decide the petitioner's application for demarcation of subject land under Section 129 of the C.G. Land Revenue Code within six months.

Rooprai Suryawanshi Vs State Of Chhattisgarh — Land Acquisition | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No.2088 of 2017

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Rooprai Suryawanshi S/o Sadhuram Suryawanshi, Aged About 62 Years R/o Village Pamgarh, Tahsil Pamgarh, District JanjgirChampa, Chhattisgarh, Chhattisgarh

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---- Petitioner

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Versus

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1. State Of Chhattisgarh Through Secretary Public Welfare Department, Mahanadi Bhawan, New Raipur, Raipur, Chhattisgarh, Chhattisgarh

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2. Chhattisgarh State Road Development Corporation, Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

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3. Executive Engineer, Public Welfare Department, Champa, District Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh

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4. Sub Divisional Officer, Public Welfare Department, Pamgarh, Tahsil Pamgarh, District Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh

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5. Sub Divisional Officer Revenue/ Land Acquisition Officer, Pamgarh, Tahsil Pamgarh, District Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh

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---- Respondents

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For the Petitioner : Mr. H.V. Sharma, Advocate For the State : Mr. Gagan Tiwari, Government Advocate

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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08.12.2023

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Heard.

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1) The petitioner has filed this petition seeking the following relief(s):-

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“10.1 That this Hon’ble Court may kindly be pleased to issue a writ of mandamus for restraining the respondents from winding of road without full and final certification with regard to compensation.

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10.2 That this Hon’ble Court may kindly be pleased to issue any writ or direction or order as

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deem fit in the interest of justice.”

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2) The facts of the present case are that the petitioner is the owner of Survey Nos. 172/1 and 213/7, ad-measuring 0.33 acres and 0.06 acres, respectively, of land situated in Village-Pamgarh, TehsilPamgarh, District - Janjgir-Champa (C.G.). He has further pleaded that the property was purchased through a registered sale deed dated 27.04.2000 from one Bhagwantin Bai @ Lalmati. Further case of the petitioner is that the respondents constructed the Pamgarh-Sasha Road and acquired certain parts of his property without initiating the land acquisition proceeding and without making the payment of compensation.

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3) Learned counsel appearing for the petitioner would submit that earlier he moved an application for demarcation of the land before the respondent/Revenue Authorities and at present, he moved an application for demarcation of the land under Section 129 of the C.G. Land Revenue Code along with the required fee. Therefore, he would pray for a direction to the respondent/Revenue Authorities to decide his application for demarcation of the subject land bearing Survey Nos. 172/1 and 213/7 ad-measuring 0.33 acres and 0.06 acres, respectively, of land situated in VillagePamgarh, Tehsil-Pamgarh, District-Janjgir-Champa (C.G.) in accordance with law.

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4) On the other hand, learned counsel appearing for the State would submit that no part of the land mentioned in this petition, has been acquired by the respondents for construction of the road. He would further submit that without demarcation of the land, this fact cannot

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be established as to whether any part of the subject land of the petitioner has been used for the construction of the road by the respondent/Revenue Authorities.

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5) I have heard learned counsel appearing for the parties and perused the documents placed on record.

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6) Taking into consideration the submissions made by learned counsel appearing for the parties, it would be appropriate to dispose of the present petition with a direction to the respondents/revenue authorities to decide the application moved by the petitioner for demarcation of the subject land within a reasonable time.

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7) Consequently, the present petition is disposed of with a direction to the respondents/revenue authorities to decide the application for demarcation of the subject land bearing Survey Nos. 172/1 and 213/7 ad-measuring 0.33 and 0.06 acres, respectively, of land situated in Village-Pamgarh, Tehsil-Pamgarh, District- JanjgirChampa (C.G.) within an outer limit of six months from the date of receipt of a copy of this order.

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Sd/-

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(Rakesh Mohan Pandey) Judge

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Rekha

Rooprai Suryawanshi v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rooprai Suryawanshi v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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