Dismissed

Rohit Singhania and Ors. v. State of Chhattisgarh and Ors.

Chhattisgarh HC14 Jun 2023WPC/5926/2011

Case brief

AI extract

What is this about?

High Court disposed of a writ petition seeking quashing of land acquisition notifications and orders. The court observed that the State had dropped the acquisition proceedings and issued no compensation, rendering adjudication unnecessary. Pending applications were also dismissed.

What did the court decide?

Writ petition and pending interlocutory applications disposed of with no adjudication required as State dropped proceedings.

Rohit Singhania and Ors. Vs State of Chhattisgarh and… — Land Acquisition | Chhattisgarh HC (2023)

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NAFR

¶2

HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 5926 of 2011

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Rohit Singhania . S/o Lalit Kumar Singhania, aged anout 34 years.

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Hemant Singhania s/o. Shri Lalit Kumar Singhania, aged about 31 years.

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Mohit Singhania s/o. Shri Lalit Kumar Singhania, aged about 28 years.

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Smt. Usha Devi Singhania, w/o.Shri Lalit Kumar Singhania, aged about 57 years.

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All R/o Manjusha, 15/480 Rajbhawan Road, Civil Lines, Raipur, CG

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---- Petitioners

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Versus

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State Of Chhattisgarh through Secretary, Revenue and Public Works Department, Mantralaya, DKS Bhawan, Raipur, Chahttisgarh.

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Collector, Raipur,, District Raipur Chhattisgarh.

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OfÏcer incharge, Land Aciuisition Branch, Collectorate, Rauipur, Chahttisgarh.

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Sub Divisional OfÏcer, Revenue- cum-Land Aciuisition OfÏcer, Raipur, Chhattisgarh.

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Executive Engineer, Public Works Department, Division No.1, Raipur, CG.

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---- Respondents

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--------------------------------------------------------------------------------------------------------For petitioners : Mr. Ashish Surana, Advocate. For Respondent/State : Mr. Avinash K. Mishra, GA.

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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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The petitioners who are land owners of the property mentioned in the writ petition have fled 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 notifcation (Annexure P/1) and order dated 13-9-2011 (Annexure P/2) passed by the respondents for its kind perusal.

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10.2 That, the Hon’ble Court may kindly be pleased to issue appropriate writ/writs iuashing the notifcation dated 8-7-2011 published in ofÏcial gazette on 22-7-2011 (Annexure P/1) issued, by respondent No.1 and the entire land aciuisition proceedings bearing No.17-A/82 year 2010-11 with respect to the petitioners land in village Puraina, PH No.113, Tehsil & District Raipur and be pleased to hold the aciuisition of the land on the right side of the Raipur-Mana Airport as illegal, arbitrary, colourable exercise of power the respondent authorities thus is void and inoperative in law.

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10.3 That, the Hon’ble Court may kindly be pleased to issue appropriate writ/writs iuashing the impugned order dated 13-9-2011 (Annexure P/ 2) holding same being passed contrary to the provisions of Section 5-A of the Land Aciuisition Act, 1894.

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10.3-A That, the Hon’ble Court may kindly be pleased to issue appropriate writ/writs iuashing the impugned order dated 9-9-2011 (Anenxure /2A) holding same being passed contrary to the provisions of Section 5-A of the Land Aciuisition Act.

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10.3-B That, the Hon’ble court may kindly be pleased to issue appropriate writ/writs iuashing the declaration dated 13-9-2011 issued by respondent No.2 with respect to the petitioners land in village Puraina PH No.113 Tahsil & District Raipur (CG) in the land aciuisition proceedings bearing No.157-A/82 year 201011.

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

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Learned counsel for the petitioners would submit that the petitioner No.1 is title and possession holder of the land bearing Khasra No.348/1 admeasuring 0.336 hectare, the petitioners No.2, 3 and 4 are title and possession holders of the land bearing Khasra No. 348/3 admeasuring 0.166 hectare and 347/1 admeasuring 0.142 hectare respectively. All the lands are situated at village

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Puraina PH No.113, Tahsil & District Raipur and were notifed for aciuisition under Section 4(1) of the Land Aciuisition Act, 1894.

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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/State has fled I.A.No. 4 of 2017 for dismissal of the writ petition on the count that the Land Aciuisition OfÏcer has not received any compensation amount from Executive Engineer, PWD Raipur Circle, therefore, the land aciuisition proceedings have been dropped and accordingly the case has been closed. To substantiate their submission, they have also fled copies of the order sheets commencing from 2-7-2011 to 2-2-2015 and this application was supported by an afÏdavit by the then SDO, Revenue Raipur District.

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Since the land aciuisition proceedings have already been dropped by the State, nothing is reiuired to be adjudicated, at this juncture, by this court. However, the respondent authorities, if so desired, may proceed with the fresh aciuisition , in accordance with law.

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In view of the above, the instant writ petition is disposed of.

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

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Sd/( Narendra Kumar Vyas) JUDGE

¶38

Raju

Rohit Singhania and Ors. v. State of Chhattisgarh and Ors.

Case brief

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Rohit Singhania and Ors. v. State of Chhattisgarh and Ors.

Case brief

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