Disposed

Jinath Singh v. State of Chhattisgarh

Chhattisgarh HC4 Oct 2023WPC/789/2021

Case brief

AI extract

What is this about?

A writ petition challenging the delay in land acquisition proceedings for the Silaju Reservoir Dam. The High Court issued directions to respondents to conclude the process, finalize the award, and pay compensation to petitioners within six months.

What did the court decide?

Directed respondents to conclude land acquisition proceedings, pass final award, and pay compensation to petitioners within six months.

Jinath Singh Vs State of Chhattisgarh — Specific Performance | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 789 of 2021

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1 - Jinath Singh S/o Dhanuki Aged About 46 Years Owner Of Part Of Land Bearing Khasra No. 1447, 1208 R/o Village Silaju Post Dolangi Ramanujganj District Balrampur Ramanujganj Chhattisgarh..

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2 - Vinod Yadav S/o Soorajdev Yadav Aged About 36 Years Owner Of Part Of Land Bearing Khasra No. 1111, 1217 R/o Piparpan Sarguja Ganjar District Balrampur Ramanujganj Chhattisgarh..

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3 - Basant Sav Ramvriksh Sav Aged About 45 Years Owner Of Part Of Land Bearing Khasra No. 1209 R/o Village Silaju Post Dolangi Ramanujganj District Balrampur Ramanujganj Chhattisgarh..

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4 - Indradev Yadav S/o Murali Yadav Aged About 39 Years Owner Of Part Of Land Bearing Khasra No. 1110 R/o Village Silaju Post Dolangi Ramanujganj District Balrampur Ramanujganj Chhattisgarh..

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5 - Ashok Yadav S/o Harilal Yadav Aged About 22 Years Owner Of Part Of Land Bearing Khasra 1432 R/o Village Silaju Post Dolangi Ramanujganj District Balrampur Ramanujganj Chhattisgarh..

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6 - Shivprasad Yadav S/o Chamru Yadav Aged About 52 Years Owner Of Land Khasra 1432 R/o Village Silaju Post Dolangi Ramanujganj District Balrampur Ramanujganj Chhattisgarh..\

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7 - Umesh Yadav S/o Rohit Yadav Aged About 28 Years Owner Of Part Of Land Bearing Khasra 1432 R/o Village Silaju Post Dolangi Ramanujganj District Balrampur Ramanujganj Chhattisgarh..

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---- Petitioners

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Versus

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1 - State Of Chhattisgarh Through The Secretary, Water Resources Department, New Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh.

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2 - Engineer In Chief

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Water Resources Department, Sector 19, Shivnath Bhawan, Atal Nagar, Raipur Chhattisgarh.,.

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3 - Executive Engineer

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Water Resources Division 2 Ramanujganj District Balrampur Ramanujganj Chhattisgarh..

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4 - Sub Divisional Officer (Revenue)/ Land Acquisition Officer Ramanujganj District Balrampur Ramanujganj Chhattisgarh..

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5 - Collector Balrampur Ramanujganj Chhattisgarh..

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---- Respondents

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For Petitioners : Mr. Sushobhit Singh, Advocate For State-respondents : Mr. Aditya Bhardwaj, Advocate

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Hon'ble Shri Justice Parth Prateem Sahu

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Order On Board

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04/10/2023

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Petitioners have filed this petition seeking following relief (s) :-

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“10.1. That, this Hon’ble Court may kindly be pleased to issue appropriate writ, order, direction and direct the respondent to conclude and finally decide the land acquisition proceedings which is pending before the competent authority /land acquisition officer (SDO) and the Hon’ble Court may further direct to pass the final award with all the statutory benefits including market value, solatium, interest and multiplication factor within a stipulated period of 4 months.

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10.2. That, this Hon’ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate”

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Learned counsel for petitioners submits that petitioners are residents of Village Silaju, Post Dolangi Ramanujganj, District – Balrampur (C.G.). Petitioners are owners of land as mentioned in the description of petitioners in the cause title. Land of petitioners came under sub-merge area of Silaju Reservoir Dam. Based on the representation made and also considering the fact that land of petitioners along with other villagers of other affected villages, proceedings of land acquisition was initiated. Team of Government officials including the Land Acquisition Officer-SubDivisional Officer (Revenue) District – Balrampur – Ramanujganj have prepared the list of land owners calculating the amount of compensation to be paid to them and name of petitioners are already mentioned in the said list (Annexure P-2). He also contended that letter is also written by the Executive Engineer Water Resources Department on 30.12.2019 to the CollectorLand Acquisition Officer requesting to pass award with respect to the land acquired of the villages mentioned therein in which name of village Silaju is also included, Land Acquisition Officer further wrote letter that the amount of compensation calculated therein should be deposited in the bank account. However, till date the land acquisition proceeding is not completed and the petitioners are not being paid the amount of compensation for which they are entitled. Therefore, a direction be issued to respondents No.1 to 5 to conclude the land acquisition proceeding and to pay the amount of compensation as calculated

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by the Land Acquisition Officer at the earliest. The land owners of village Kurludih within the sub-merge area and forming part of the list of villages in the letter written by the Executive Engineer were paid the amount of compensation as per the area mentioned therein.

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Learned State counsel submits that he may be granted short time to file reply. He however, submits that if direction is issued to respondents to conclude the land acquisition proceedings based on the documents placed on record, he is having no objection.

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

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Petitioners have filed the revenue documents (Annexure P-1) showing the land recorded in their name. Annexure P-2 is calculation sheet prepared by the team of Government officials including Land Acquisition Officer and as stated by learned counsel for petitioners that name of petitioners are also forming part of the said list. Annexure P-3 is a letter wherein the area of land of village Silaju affected by the construction of Canal is mentioned. There is a direction of the Land Acquisition Officer to the Water Resources Department for depositing the amount in the account and also calculating of the amount of compensation in its letter dated 17.08.2020.

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In the aforementioned facts of the case instead of keeping this petition pending seeking reply from the respondents without

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entering into merits of the case, this petition is disposed off at this stage directing respondents to conclude the acquisition proceedings and to pay amount of compensation to petitioners if their lands are acquired and affected in the water reservoir project at the earliest preferably within a period of six months from the date of receipt of order passed by this Court.

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With the aforesaid observations and directions, this petition stands disposed off.

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Sd/-

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(Parth Prateem Sahu) Judge

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Balram

Jinath Singh v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Jinath Singh v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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