Partly allowed

Shriram Paikra v. State of Chhattisgarh

Chhattisgarh HC10 Jul 2023WPC/2783/2023

Case brief

AI extract

What is this about?

This writ petition concerned alleged failure to compensate or allot alternate land after State acquisition of petitioners' property for a school. The High Court, perceiving a delay in the Collector's proceedings, directed the Respondents to decide the pending claim immediately or grant monetary compensation.

What did the court decide?

Direction issued to Respondents No. 2/Collector and No. 4/Tahsildar to decide the pending claim for alternate land or monetary compensation at the earliest.

Shriram Paikra 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. 2783 of 2023

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Shriram Paikra S/o. Late Badkha Ram, Aged About 71 Years Caste - Kanwar, R/o. Village Silma Tehsil Batouli District Surguja Chhattisgarh

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Budhsagar Paikra S/o. Gambhir Sai, Aged About 60 Years R/o. Village Silma Tehsil Batouli District Surguja Chhattisgarh

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------Petitioners

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VERSUS

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State of Chhattisgarh through Principal Secretary, Department of Revenue and Disaster Management, Mantralaya, Mahanadi Bhawan, New Raipur District Raipur Chhattisgarh

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Collector, District Surguja Ambikapur Chhattisgarh

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Sub Divisional Officer (Revenue), Sitapur District Surguja Chhattisgarh

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Tahsildar, Batouli District Surguja Chhattisgarh.

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------- Respondents

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(cause title is taken from Case Information System)

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For Petitioner : Mr. Nishi Kant Sinha, Advocate For Respondent-State : Mr. Ghanshyam Patel, Govt. Advocate

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Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD

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10/07/2023

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Grievance of petitioner in this writ petition is that the land owned by the petitioners was acquired and on the said land Government School building was constructed but no compensation or any other alternate land has been allotted to them.

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Learned counsel for petitioners submits that the land bearing khasra no. 21/3, 29/2, 30 & 31 total admeasuring 4.521 hectare was settled in the name of predecessors of petitioners, the said land was later on taken by the State Government for construction of Government school building. At the time of taking back the land allotted to petitioners, they were not paid any amount of compensation or allotted any alternate land. Petitioners submitted application for allotting any other alternate land in lieu of the land taken back by the State Government. Based on the application submitted before the Collector, Surguja, the Collector registered it a revenue case bearing no. 02/A-19 (4)/2016-17. The

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Collector thereafter has sent the case to the concerned tahsildar for identifying the land in the concerned village which can be allotted to petitioner, the Tahsildar upon obtaining the report has observed that the land bearing khasra no. 1179/1, 1178/1 was available but the said land was not fertile land and not useful for agricultural purposes and therefore petitioners have not given consent for accepting that piece of land. The said report was submitted by the Tahsildar before the Collector, District Surguja, till date the proceedings initiated before the Collector for providing any alternate land is pending consideration and therefore direction be issued to Respondent No. 2/ Collector, District Surguja, to proceed at the earliest. He submits that if the appropriate cultivable land is not available then petitioners may be granted monetary compensation. In support of his contention, he places copy of order-sheets on record.

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Mr. G. Patel, leaned State counsel submits that the submission of learned counsel for petitioners is based on the documents enclosed along with writ petition and therefore he is no having any objection to the limited prayer of issuance of direction to Respondent No. 2 to take decision on the application at the earliest.

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I have heard learned counsel for the parties and perused the records.

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Considering the facts of the case, submission of learned counsel for petitioners, I find it appropriate to dispose of this writ petition at this stage directing Respondents No. 2 & 4 to pass appropriate orders on the pending claim of petitioners at the earliest, if yet not decided.

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With the aforesaid observation and direction, writ petition is finally disposed of.

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Sd/- (Parth Prateem Sahu) Judge

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pāwān

Shriram Paikra v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Shriram Paikra v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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