Disposed

Fulmati Porte v. State of Chhattisgarh

Chhattisgarh HC3 Apr 2024WPC/1067/2024

Case brief

AI extract

What is this about?

Petitioners, landowners in Village Kundpan, sought a writ directing the State of Chhattisgarh to acquire their submerged land under the Futidhar Jalashay Yojna, pass an award, and pay compensation. The High Court, non obstante merits, directed respondents to conclude proceedings and pay compensation within six months.

What did the court decide?

Direct respondents to conclude land acquisition proceedings and pay compensation to petitioners within six months.

Fulmati Porte Vs State of Chhattisgarh — Land Acquisition | Chhattisgarh HC (2024)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

WPC No. 1067 of 2024

¶5

1. Fulmati Porte D/o Sahdev Aged About 39 Years (Owner Of Part Of Land Bearing Khasra No. 388 Village Kundpan) R/o Village-Kundpan, Tahsil- Ramanujganj, District Balrampur-Ramanujganj (C.G.)

¶6

2. Ramdev Slo Rameshwar Aged About 70 Years (Owner Of Part Of Land Bearing Khasra No. 337 Village Kundpan) R/o Village-Kundpan, Tahsil- Ramanujganj, District Balrampur-Ramanujganj (C.G.)

¶7

3. Devrup S/o Shivmangal Aged About 79 Years (Owner Of Part Of Land Bearing Khasra No. 340 And 342 Village Kundpan) R/o Village-Kundpan, TahsilRamanujganj, District Balrampur-Ramanujganj (C.G.)

¶8

4. Ishwar S/o Ramcharan Aged About 36 Years (Owner Of Part Of Land Bearing Khasra No. 344 And 376 Village Kundpan) R/o Village-Kundpan, TahsilRamanujganj, District Balrampur-Ramanujganj (C.G.)

¶9

5. Rajpal Markam S/o Bharat Markam Aged About 52 Years (Owner Of Part Of Land Bearing Khasra No. 343 Village Kundpan) R/o Village-Kundpan, TahsilRamanujganj, District Balrampur-Ramanujganj (C.G.)

¶10

6. Ramprasad S/o Nanhu Aged About 36 Years (Owner Of Part Of Land Bearing Khasra No. 386 Village Kundpan) R/o Village-Kundpan, Tahsil- Ramanujganj, District Balrampur-Ramanujganj (C.G.)

¶11

7. Devmun Poya S/o Nandkumar Aged About 52 Years (Owner Of Part Of Land Bearing Khasra No. 1278, Village Kundpan) R/o Village-Kundpan, TahsilRamanujganj, District Balrampur-Ramanujganj (C.G.)

¶12

8. Babu Lal S/o Ramjeet Aged About 68 Years (Owner Of Part Of Land Bearing Khasra No. 1311/2, Khasra No. 1319, 1320, 1323, 1337 Of Village Kundpan) R/o Village-Kundpan, Tahsil- Ramanujganj, District Balrampur-Ramanujganj (C.G.)

¶13

9. Heera Lal S/o Sonu Aged About 77 Years (Owner Of Part Of Land Bearing Khasra No. 1336 And 1313 Of Village Kundpan) R/o Village-Kundpan, Tahsil- Ramanujganj, District Balrampur-Ramanujganj (C.G.)

¶14

10. Om Prakash S/o Hab Lal Aged About 23 Years (Owner Of Part Of Land Bearing Khasra No. 384 Of Village Kundpan) R/o Village-Kundpan, Tahsil- Ramanujganj, District Balrampur-Ramanujganj (C.G.)

¶15

11. Ramavtar S/o Mohan Aged About 67 Years (Owner Of Part Of Land Bearing Khasra No. 1277 Of Village Kundpan) R/o Village-Kundpan, Tahsil- Ramanujganj, District Balrampur-Ramanujganj (C.G.)

¶16

12. Lal Bahadur S/o Ramavtar Aged About 34 Years (Owner Of Part Of Land Bearing Khasra No. 1318, 1340, 1321 And 1322 Of Village Kundpan) R/o Village-Kundpan, Tahsil- Ramanujganj, District Balrampur-Ramanujganj (C.G.)

¶17

13. Ramlakhan S/o Maheshwar Aged About 47 Years (Owner Of Part Of Land Bearing Khasra No. 1237 Of Village Kundpan) R/o Village-Kundpan, Tahsil- Ramanujganj, District Balrampur-Ramanujganj (C.G.)

¶18

14. Jagmohan S/o Sonu Aged About 68 Years (Owner Of Part Of Land Bearing Khasra No. 1285 Of Village Kundpan) R/o Village-Kundpan, Tahsil- Ramanujganj, District Balrampur-Ramanujganj (C.G.)

¶19

15. Rasid Momin S/o Mustaq Momin Aged About 56 Years (Owner Of Part Of Land Bearing Khasra No. 1287 Of Village Kundpan) R/o Village-Kundpan, TahsilRamanujganj, District Balrampur-Ramanujganj (C.G.)

¶20

16. Ramvriksha S/o Munshi Aged About 39 Years (Owner Of Part Of Land Bearing Khasra No. 346 Of Village Kundpan) R/o Village-Kundpan, Tahsil- Ramanujganj, District Balrampur-Ramanujganj (C.G.)

---- Petitioners

Versus

1. State Of Chhattisgarh Through-The Secretary, Water Resources Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District-Raipur (Cg)

¶25

2. Superintending Engineer, Water Resources Division, Balrampur, District BalrampurRamanujganj (C.G.)

¶26

3. Executive Engineering, Water Resources Division-II, Ramanujganj, District Balrampur-Ramanujganj (CG)

¶27

4. Collector, District Balrampur-Ramanujganj (C.G.)

¶28

5. Sub Divisional Officer (Revenue), District Balrampur-Ramanujganj (C.G.)

¶29

6. Tahsildar, Ramchandrapur, District Balrampur-Ramanujganj (C.G.)

¶30

7. Tahsildar, Ramanujganj, District Balrampur-Ramanujganj (Cg)

¶31

---- Respondents

¶32

(Cause Title is taken from Case Information System)

¶33

For Petitioners : Mr. Sushobhit Singh, Advocate For State : Mr. Dilman Rati Minj, G.A.

¶34

Hon'ble Shri Justice Rakesh Mohan Pandey

¶35

Order on Board

¶36

0 4.04.2024

¶37

By way of this petition, the petitioners have sought the following relief(s):-

¶38

“10.1 That, this Hon’ble Court may kindly be pleased to issue appropriate writ, order, direction directing the respondent state authorities to acquire the petitioners land by following due process of law and by issuing proper notification and pass award and disburse compensation in favour of petitioners.

¶39

10.2 That, this Hon’ble Court may kindly be pleased to issue appropriate writ, order, direction directing the respondent authorities to grant all the statutory benefits including market value, multiplication factor, interest and solatium. The respondents may be further directed to conclude the acquisition proceeding within stipulated period time.

¶40

10.3 Any appropriate writ, direction or order may also kindly be passed in favour of the petitioners, which this Hon’ble Court deems fit in the circumstances of the case.”

¶41

Learned counsel appearing for the petitioners would submit that the petitioners

¶42

are residents of Village Kundpan, Tahsil Ramanujganj, District – BalrampurRamanujganj (C.G.). The petitioners are the owners of land as mentioned in the description of the petitioners in the cause title. The land of the petitioners came under the sub-merged area of Futidhar Jalashay Yojna. Based on the

¶43

¶44

representation made and also considering the fact that the land of petitioners along with other villagers got sub-merged, the proceedings of land acquisition were initiated. He would further submit that the respondent authorities also conducted spot verification and prepared a list of affected persons indicating the name of affected persons under the Futidhar Jalashay Yojna. He further contended that the name of the village Kundpan is also included in the list of villages from which the lands were acquired. He would also contend that the petitioners submitted oral as well as written representations requesting the respondent authorities to pass an award in favour of the affected persons with respect to the land acquired of the villages mentioned therein. However, till date, the land acquisition proceeding has not been completed and the petitioners have not been paid the amount of compensation to which they are entitled. Therefore, he prays that a suitable direction be issued to the respondents to conclude the land acquisition proceeding and pay the amount of compensation at the earliest.

¶45

Learned counsel for the State would submit that if direction is issued to the respondents to conclude the land acquisition proceedings based on the documents placed on record, he has no objection.

¶46

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

¶47

From a perusal of the documents, it appears that the land of the petitioners came under the sub-merged area of Futidhar Jalashay Yojna. Also, the petitioners have filed the revenue documents showing the land recorded in their names. It is apparent that till date, the land acquisition proceeding has not been completed nor the award has been paid/granted.

¶48

Given the above-stated facts, without commenting anything on the merits of the

¶49

¶50

case, at this stage, this petition is disposed of directing the respondents to conclude the land acquisition proceedings and pay the amount of compensation to the 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 a copy of this order.

¶51

With the aforesaid observation(s), this petition is disposed of.

¶52

Sd/- (Rakesh Mohan Pandey) Judge

¶53

$iddhant

Fulmati Porte v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Fulmati Porte v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S Neelam Security Service Vs Employee Provident Fund Organization

Ramsevak Sahu Vs State of Chhattisgarh

Smt. Mankunwar Vs State of Chhattisgarh

M/S Subhash Kumar Agrawal Vs State of Chhattisgarh

Smt. Raj Shree Vs State of Chhattisgarh

Janak Ram Patel Vs State of Chhattisgarh