Disposed

Smt.usha Golechha v. State Of Chhattisgarh And Ors.

Chhattisgarh HC14 Jun 2023WPC/501/2014

Case brief

AI extract

What is this about?

The High Court disposed of four consolidated writ petitions concerning land acquisition in Khandwa village. The petitioners sought to quash a notification and declare proceedings lapsed. The court found an award had excluded the disputed land and government land was handed over to NRDA. Thus, no adjudication was required.

What did the court decide?

Disposed of writ petitions without adjudication as grievance considered by authorities.

Smt.usha Golechha Vs State Of Chhattisgarh And Ors. — 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. 501 of 2014

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Smt.Usha Golechha W/o Shri Santosh Colechha, Aged About 54 Years R/o 225, Usha Kiran, Malviya Nagar, Durg, Ps Mohan Nagar, Distt Durg, Cg, Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Throuth Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan,naya Raipur, Distt Raipur, Cg, Chhattisgarh

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Commissioner-Cum-Ex Officio Revenue Secretary, Raipur, Distt Raipur, Cg, District : Raipur, Chhattisgarh

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Collector Raipur, Distt Raipur, Cg, District : Raipur, Chhattisgarh

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Officer In-Charge, Land Acquistion Branch, Collectorate, Raipur, Distt Raipur, Cg, District : Raipur, Chhattisgarh

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Sub Divisional Officer Revenue -Cum-Land Acquisition Branch, Collectorate, Raipur, Distt Raipur, Cg, District : Raipur, Chhattisgarh

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Naya Raipur Development Authority, Through The Chief Executive Officer, Naya Raipur Development Authority, New Rajendra Nagar, Opposite Bijeta Complex, R.D.A Building Govind Sarang, Raipur, Distt Raipur, Cg, District : Raipur, Chhattisgarh

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---- Respondents

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WPC No. 502 of 2014

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Dilip Kumar Golechha S/o Late Monhar Lal Golechha Aged About 50 Years R/o Ayodhya Complex, Malviya Nagar, Post Office 7 P.S. Mohan Nagar, Durg. Tahsil And Distt. Durg. C.G. , Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Through The Secretary, Department Of Revenue And Mahanadi Mantralaya, Thana Naya Raipur, Secretariat Maha Nadi Bhawan, Raipur C.G., Chhattisgarh

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The Collector Raipur Civil And Revenue Distt. Raipur C.G., District : Raipur, Chhattisgarh

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Office In Charge Land Acquisition Branch Collectorate, P.S. Civil Lines, Raipur Distt. Raipur C.G. , District : Raipur, Chhattisgarh

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The Sub Divisional Officer Revenue Cum Land Acquisition Officer, Raipur Distt. Raipur C.G., District : Raipur, Chhattisgarh

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Naya Raipur Development Authority, Through The Chief Executive Officer, Naya Raipur Development Authority, New Rajendra Nagar, Opposite Bijeta Complex, R.D.A. Building Govind Sarang, Raipur, P.S. New Rajendra Nagar, Raipur Distt. Raipur C.G. , District : Raipur, Chhattisgarh

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---- Respondents

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WPC No. 512 of 2014

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Santosh Golechha S/o Late K.C. Golchha Aged About 60 Years Director, Golechha Agro Products. Pvt. Ltd. R/o 225, Usha Kiran Malviya Nagar Durg. P.S. Mohan Nagar, Distt. Durg C.G. , Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Through The Secretary, Department Of Revenue, Thana Naya Raipur, Secretariat Maha Nadi Bhawan, Raipur C.G., Chhattisgarh

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Comm Cum Ex Officio Revenue Secretary Raipur Civil And Revenue Distt. Raipur C.G., District : Raipur, Chhattisgarh

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The Collector Raipur Civil And Revenue Distt. Raipur C.G., District : Raipur, Chhattisgarh

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Office In Charge Land Acquisition Branch Collectorate, P.S. Civil Lines, Raipur Distt. Raipur C.G., District : Raipur, Chhattisgarh

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The Sub Divisional Officer Revenue Cum Land Acquisition Officer Aarang Abhanpur, Distt. Raipur C.G. , District : Raipur, Chhattisgarh

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Naya Raipur Development Authority, Through The Chief Executive Officer, Naya Raipur Development Authority, New Rajendra Nagar, Poosite Bijeta Complex, R.D.A. Building Govind Sarang, Raipr Distt. Raipur C.G. , District : Raipur, Chhattisgarh

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---- Respondents WPC No. 513 of 2014

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Golechha Agro Products Pvt.Ltd. Having Its Registered Office At Usha Kiran Malviya Nagar, Durg, Through Its Director, Santosh Golechha, S/o Late Kewal Chand Golechha, Age 59 Yrs, R/o 225, Malviya Nagar, Post Office And P.S. Mohan Nagar, Durg. Tahsil And Distt. Durg. C.G. , Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Through The Secretary, Department Of Revenue, Thana Naya Raipur, Secretariat Maha Nadi Bhawan, Raipur C.G., Chhattisgarh

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Comm Cum Ex Officio Revenue Secretary Raipur Civil And Revenue Distt. Raipur C.G., District : Raipur, Chhattisgarh

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The Collector Raipur Civil And Revenue Distt. Raipur C.G., District : Raipur, Chhattisgarh

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Office In Charge Land Acquisition Branch Collectorate, P.S. Civil Lines, Raipur Distt. Raipur C.G., District : Raipur, Chhattisgarh

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The Sub Divisional Officer Revenue Cum Land Acquisition Officer Aarang Abhanpur, Distt. Raipur C.G. , District : Raipur, Chhattisgarh

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Naya Raipur Development Authority, Through The Chief Executive Officer, Naya Raipur Development Authority, New Rajendra Nagar, Poosite Bijeta

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Complex, R.D.A. Building Govind Sarang, Raipr Distt. Raipur C.G. , District : Raipur, Chhattisgarh

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---- Respondents

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-----------------------------------------------------------------------------------------------------For petitioners : Mr. Ashish Surana, Advocate. For Respondent/State : Mr. Avinash K. Mishra, GA. For respondent No,.6/NRDA : Mr. Praveen Das, Advocate.

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Hon'ble Shri Justice Narendra Kumar Vyas.

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Order on Board

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(14-06-2023)

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Since an identical issue and facts of law are involved in the bunch of these cases, they are heard analogously and are being disposed of by this common order.

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The petitioners who are land owners of the property mentioned in the writ petition have filed the writ petition and pray for following reliefs.

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10.1 That, this Hon’ble Court may kindly be pleased to call for the entire records leading to issuance of the impugned notification dated 27-1-2014 (Annexure P/1)published in the Official Gazette on 21-2-2014 for its kind perusal.

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10.2 That, the Hon’ble Court may kindly be pleased to issue appropriate writ/writs quashing the notification dated 27-1-2014 published in official gazette on 21-2-2014 (Annexure P/1) and the entire land acquisition proceedings bearing No.05-A/82 year 2012-2013 with respect to the petitioners land in village Khandwa, PH No.139/18, Tahsil Abhanpur, District Raipur (CG) and be pleased to hold the acquisition proceedings lapsed, on account of failure to issue declaration as per Section 6 of the Act, 1894.

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10.3 That, the Hon’ble Court may kindly be pleased to hold that the land acquisition proceeding bearing No.05-A/82 year 2012-2013 lapsed in view of implementation of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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10.4 Any other relief including the cost of this petition, as it appears to be fit and appropriate to this Hon’ble Court be granted.

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Learned counsel for the petitioners would submit that in WPC No 501of 2014, the petitioner is title and possession holder of the land bearing Khasra No. 187 admeasuring 14.290 hectares, in WPC No 502 of 2014, the petitioner is title and possession holder of the land bearing Khasra No. 186 admeasuring 5.58 hectares, in WPC No 512 of 2014, the petitioner is title and possession holder of the land bearing Khasra No. 189 admeasuring 0.789 hectares and in WPC No 513 of 2014 the petitioner is title and possession holder of the land bearing Khasra No. 188 admeasuring 9.93 hectares respectively, total comes to 30.589 hectares out of which 9.76 hectares of land has been allotted to Naya Raipur Development Authority from Kahsra Nos. 187 and 188 and remaining land 20.829 hectares is in possession of the petitioners. All the lands are situated at village Khandwa, PH No. 139 of 2018, Tahsil Abhanpur, District Raipur and were notified for acquisition under Section 4(1) of the Land Acquisition Act, 1894.

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In the bunch of writ petitions, this court vide its order dated 30-9-2011 has granted interim relief in favour of the petitioners and proceedings in respect of land in dispute were stayed, till the next date of hearing.

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During pendency of the writ petition , the Respondent No.6- Naya Raipur Development Authority has filed I.A.No. 3 of 2018 on 16-12018 for dismissal of the writ petition on the count that an award with

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respect to land acquisition case No. 05/A-82 2012-13 has been passed on 31-12-2015 in which only 1.14 hectares has been acquired and land held by the petitioner which is subject matter in the instant case has been excluded and they have also annexed copy of the award dated 31-12-2015 with the petition. It has also been mentioned in the application that the government land admeasuring 9.76 hectares which was in wrongful possession of the petitioner and family members has been handed over and transferred in favour of NRDA vide order dated 30-5-2016. Copy of the proceedings before the Revenue authorities along with the order dated 30-5-2016 is annexed along with I.A.No.3 of 2018.

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Since the grievance raised by the petitioners with regard to exclusion of the land from the Land Acquisition Officer has already been considered by the respondent No.6-Naya Raipur Development Authority, nothing is required to be adjudicated, at this juncture, by this court.

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In view of the above, the bunch of these writ petitions are disposed of.

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Pending interlocutory applications, if any, also stand disposed of.

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Sd/( Narendra Kumar Vyas) JUDGE

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Raju

Smt.usha Golechha v. State Of Chhattisgarh And Ors.

Case brief

What is this about?

What did the court decide?

Smt.usha Golechha v. State Of Chhattisgarh And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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