Dudhnath Sahu Vs State of Chhattisgarh

“10.1 That, the Hon’ble Court may kindly be pleased to direct the respondent authorities for intiating acquisition and concluding the same within period of 03 months.

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10.2 Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioner.”

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Learned counsel for the petitioner submits that the petitioner is the owner

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of land bearing Khasra No. 2857/2 admeasuring 0.17 acres situated at Village Siladehi, Tehsil – Champa, District – Janjgir-Champa. The land of the petitioner came in sub-merged area of Basantpur Barrage constructed over the Mahanadi River and therefore, the petitioner is entitled for the amount of compensation. He contended that the petitioner submitted a representation (Annexure P/3) before the authorities for

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acquisition of his land and to pay the amount of compensation on which, no decision has been taken till date. He also contended that the demarcation of the land was conducted based on the order of the Tehsildar, as per the report submitted by the Revenue Inspector, Bamhanidih the land of the petitioner admeasuring 0.13 acres out of 0.17 acres have been sub-merged in the Basantpur Barrage. Copy of the demarcation report and the panchnama is placed on record as Annexure P/2.

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He further contended that the petitioner is running from pillar to post since 2018, however, no action is being taken and therefore, direction be issued to the Respondent No. 3/Collector to consider the claim of the petitioner and initiate the proceedings for making payment for the compensation.

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On the other hand, learned counsel for the Respondent/State submits that as the petitioner is seeking a direction to the Respondent No. 3 to take decision on the pending representation of the petitioner (Annexure P/3), he is having no objection.

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

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The demarcation report (Annexure P/2) is submitted by the Revenue Inspector, Bamhanidih before the Tehsildar, Tehsil – Champa, District – Janjgir-Champa mentioning that the petitioner is the owner of the land bearing Khasra No. 2857/2 admeasuring 0.17 acres situated at Village Siladehi, Tehsil – Champa. Out of the aforementioned land, 0.13 acres is sub-merged in Basantpur Barrage and only 0.04 acre is remaining. Petitioner has also enclosed the copy of the representation (Annexure P/3) submitted before the Respondent No. 3/Collector on 01.10.2018 along with other persons as submitted by the counsel for the petitioner.

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However, the representation/claim of the petitioner is not considered till date.

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In the aforementioned facts of the case, in particular, the demarcation report wherein, the Revenue Inspector, Bamhanidih has reported to the Tehsildar, Tehsil – Champa that the land bearing Khasra No. 2857/2 admeasuring 0.13 acres is sub-merged in the Basantur Barrage, I find it appropriate to dispose of this writ petition at this stage, permitting the petitioner to submit a fresh representation/application before the Respondents No. 2 & 3 raising all his grievance as raised in this writ petition within a period of 02 weeks. In turn, the Respondents No. 2 & 3 are directed to consider the claim of the petitioner, keeping in mind the demarcation report submitted by the Revenue Inspector, Bamhanidih to the Tehsildar, Tehsil – Champa on 23.04.2018 expeditiously, preferably within a period of 04 months from the date of receipt of the representation submitted by the petitioner. Petitioner will be at liberty to enclose all the relevant documents along with the representation/application to be submitted before the Respondents No. 2 & 3 for consideration of his claim.

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With the aforesaid direction and observation, writ petition is disposed of.

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Sd/-

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(Parth Prateem Sahu) Judge

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Dey

Dudhnath Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Dudhnath Sahu v. State of Chhattisgarh

Case brief

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What did the court decide?

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What the court decided

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