Adesh Kela Vs State Of Chhattisgarh

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HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet

	WPC No. 1288 of 2016 Adesh KelaVersusState Of Chhattisgarh
29.01.2024	Shri Manoj Paranjpe, Advocate appears along with Shri Shashwat Mishra, counsel for the Petitioner. Shri Akhilesh Kumar, G.A. for the State/Respondents appears along with the Collector, Shri Gourav Kumar Singh, who submitted the report dated 02.01.2024, as per the direction issued by this Court. Learned counsel for the Respondents submitted that the said report has already been submitted before this Court on 25.01.2024. Arguments heard on admission. Order dictated in open Court. Signed and dated separately.
	Sd/- (Sanjay S. Agrawal) JUDGE

WPC No. 1288 of 2016
Adesh KelaVersusState Of Chhattisgarh

29.01.2024

Shri Manoj Paranjpe, Advocate appears along with Shri Shashwat Mishra, counsel
for the Petitioner.
Shri Akhilesh Kumar, G.A. for the State/Respondents appears along with the
Collector, Shri Gourav Kumar Singh, who submitted the report dated 02.01.2024, as per
the direction issued by this Court.
Learned counsel for the Respondents submitted that the said report has already
been submitted before this Court on 25.01.2024.
Arguments heard on admission.
Order dictated in open Court. Signed and dated separately.

Sd/-
(Sanjay S. Agrawal)
JUDGE

vivek

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1288 of 2016

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Adesh Kela S/o Ratan Lal Kela, Aged About 35 Years R/o N.M.D.C. Colony, Plot No. 257, In Front Of Durga Temple, New Rajendra Nagar, Raipur Chhattisgarh, Chhattisgarh

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---- Petitioner

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Versus

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1-State Of Chhattisgarh, Through Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Naya Raipur(C.G.)

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2-Collector, Raipur, District Raipur Chhattisgarh.

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3-Sub Divisional Officer Cum Land Acquisition Officer, Commissioner,Raipur(C.G.)

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4- The Chief Executive Engineer, Public Work Department, Raipur Chhattisgarh,

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---- Respondents

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___________________________________________________________ For Petitioner: Shri Manoj Paranjpe, Advocate appears along with Shri Shashwat Mishra, Advocate For the State/ Shri Akhilesh Kumar, G.A. appears along with Respondent. The Collector, Shri Gourav Kumar Singh.

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Single Bench:Hon'ble Shri Sanjay S.Agrawal, J. Order on board

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29.01.2024.

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Heard.

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By virtue of this petition, the petitioner is questioning the action of the Respondent Authorities as the land in question bearing khasra no. 480/2 admeasuring 0.117 hectare was utilised for the public purpose, while constructing a CC Road over it, even without initiating any acquisition proceeding of acquiring the same. While raising such an allegation, the petitioner has prayed for the following reliefs:-

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10.1 That the Hon’ble Court may kindly be pleased to issue appropriate writ and thereby directing the Respondent Authorities to vacant the disputed land bearing khasra

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no.480/2 admeasuring area 0.177 Hectare situated at Village-Telibandha Balmiki Ward No.28 Tahsil & DistrictRaipur and deliver the possession of the above disputed land to the petitioner.

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10.2 That the Hon’ble court may kindly be please to direct the Respondent Authorities to initiate the proceeding of acquiring the disputed land bearing khasra no.480/2 admeasuring area 0.177 Hectare situated at VillageTelibandha Balmiki Ward No.28 Tahsil & District Raipur according to the provisions contained in the Land Acquisition, Rehabilitation and resettlement Act 2013 to fix the compensation amount in respect of the land.

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10.3 That any other order which the Hon’ble Court deem fit in the interest of justice and equity, may kindly be granted.

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According to the petitioner, the alleged land was purchased by him from one Hazi Habib Ahmad under the registered deed of sale, dated 23.08.2006 and the revenue papers were accordingly mutated in his name. It is the contention of the petitioner that the respondent Authorities have constructed a CC Road over it, without there being any acquisition proceeding of his land or by making payment of compensation in lieu thereof.

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It is, however, to be seen that in the year 1984, the land bearing khasra no. 480 admeasuring 0.737 hectare was purchased by a society known as New Tilak Housing Cooperative Society under the registered deed of sale, that is much prior to purchase of the petitioner. It is to be seen further that the said society had prepared a housing plan, which was duly sanctioned by the Deputy Director, Town and Country Planning, Raipur vide its order dated 23.03.1995 (Annexure R-1) and, a bare perusal of it, would show that 40 feet road was sanctioned therein and the road was, thus, found to be constructed over it. It, thus, appears that the road was already in existence, even much prior to purchase the land in question by the

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petitioner.

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Pertinently to be noted here further that when the housing plan was duly sanctioned by the Deputy Director, Town and Country Planning in the year 1995, the vendor of the petitioner, namely, Hazi Habib Ahmad had never raised any issue in this regard. Therefore, after passing of such a considerable period, the petitioner has not acquired any right whatsoever to question the same as such.

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In view of the aforesaid background, the petition being devoid of merit is accordingly dismissed.

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No order as to costs.

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Sd/-

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(Sanjay S.Agrawal) JUDGE

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vivek

Adesh Kela v. State Of Chhattisgarh

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Adesh Kela v. State Of Chhattisgarh

Case brief

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