Petitioner challenged dispossession of agricultural land for railway corridor project. Court noted counsel's request to withdraw petition with liberty to file fresh application for rehabilitation under applicable policy. Petition disposed of as withdrawn.
Withdrawn with liberty to file fresh application before Collector for rehabilitation.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 114 of 2024
---- Petitioner
Versus
---- Respondents
| -------------------------------------- For Petitioner |
--------------------------------------- : Mr. Ajay Kumar Chandra, Advocate |
|---|---|
| For Respondents/State No. 1, 2 & 3 |
: Mr. Ashutosh Mishra, Panel Lawyer |
| For Respondent No. 4 -------------------------------------- |
: Mr. Ramakant Mishra, Deputy Solicitor General --------------------------------------- |
Hon'ble Shri Justice Naresh Kumar Chandravanshi Order On Board
11.01.2024
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hectare, Khasra No. 15, area 0.178 hectare, Khasra No. 18, area 0.081 hectare and Khasra No. 5/1, area 0.275 hectare situated at village Banipathar, P.H.No.9, Tahsil Kharsiya, District Raigarh (C.G.). Aforesaid land had been allotted to grandfather of petitioner by Administrator of the then Raigarh State, thereafter, grandfather of petitioner, father of petitioner and petitioner himself are in possession of aforesaid land and are cultivating it, but without giving any compensation, petitioner has been dispossessed from aforesaid land and handed over the same to respondent No. 4/South East Central Railway, Kharsiya-Dharamjaigarh Rail Corridor Project, Raigarh. In this regard, application preferred by petitioner before Collector, Raigarh was dismissed vide order dated 25.05.2015 passed in Revenue case No. 24/A-19(2)/2014-15 and appeal preferred against that order has also been dismissed by UpperCommissioner, Bilaspur Division, Bilaspur vide impugned order dated 13.10.2023. To substantiate his submission, petitioner has filed Annexure P/2 “ iV~Vk xkSafV;kbZ ” of the year 1925 issued by the Administrator, Raigarh State, therefore, learned counsel for the petitioner would submit that this petition may be disposed of directing respondents to grant award and rehabilitate him in the interest of justice.
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not having any document to prove his title or possession on aforesaid land, rather as per revenue record, aforesaid subject land is registered as Government land/Seva Bhumi, therefore, petitioner is not entitled to get any compensation.
Sd/-
(Naresh Kumar Chandravanshi) Judge
Amit
2 issues framed by the court
Whether the petitioner is entitled to compensation and rehabilitation upon dispossession of land for railway project.
Whether the petitioner has sufficient title or possession documents to claim rights over the disputed land.
Suritram S/o Panditram Sahu
State of Chhattisgarh
Collector, Raigarh
Sub-Divisional Officer (Revenue), Kharsiya
South East Central Railway
Naresh Kumar Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
