Disposed

Mohan Dhruv v. Government of India

Chhattisgarh HC15 Jul 2024WPC/2472/2023

Case brief

AI extract

What is this about?

The petitioner, as the legal heir, sought high court direction to dispose of a pending representation regarding land compensation. The court directed the respondent to decide the representation within eight weeks without expressing any opinion on the merits of the claim.

What did the court decide?

Direction to respondent No.2 to take a decision on the pending petitioners representation date 13.03.2023 within eight weeks.

Mohan Dhruv Vs Government of India — Land Acquisition | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 2472 of 2023

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1 - Mohan Dhruv S/o Late Shri Manohar Lal Dhruv Aged About 48 Years, R/o. 198, Ward No.5, Chandra Shekhar Ward, Bemetara, Tahsil And District Bemetara Chhattisgarh

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---- Petitioner

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Versus

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1 - Government Of India

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Ministry Of Road Transport And Highways Through Chief Engineer, National Highway Zone Raipur Chhattisgarh

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2 - Sub Divisional Officer (Revenue) And Land - Acquisition Officer, Tahsil Bemetara, District Bemetara Chhattisgarh

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3 - Smt. Sunita,

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D/o Late Shri Manohar Lal Dhruv And W/o Shri Shyamlal Kamta, Aged About 50 Years, R/o. Balouda Bazar, District Baloudabazar - Bhatapara Chhattisgarh

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---- Respondents

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For Petitioner : Mr. Lavkush Kumar Sahu, Advocate For Respondent No.1 : Ms. Anmol Sharma, Advocate For Respondent/State No.2 : Mr. Dilman Rati Minj, G.A.

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Hon'ble Shri Justice Parth Prateem Sahu

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Order On Board

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16/07/2024 Sd/- Sd/-

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

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“10.1 That the Hon'ble Court may kindly further be pleased to call for the entire records pertaining to the case of petitioner and thereafter allow this petition.

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10.2 That this Hon'ble Court may kindly be pleased to allow the petition directing the respondent No.2 to pay

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the awarded amount Rs. 17,12,960/-to petitioner within stipulated time as per the list (Ann. P-1 & P-2) issued by the authority as on 01/3/2023 with 9% interest per annum from the date of award dated 06/01/2016 till the date of release of payment.

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10.3 That, any other reliefs which this Hon'ble High Court deems fit and proper in the facts and circumstances of the case be also granted to the petitioner in the interest of justice.”

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Learned counsel for petitioner submits that land recorded in the name of father of petitioner was acquired by respondent No.1 and amount of compensation is calculated and deposited with respondent No.2, however, during this period, father of petitioner died and therefore, he is entitled to receive the amount of compensation being legal heir of late Manohar Lal Dhruv. As the amount of compensation is not disputed, he submitted a representation before respondent No.2, which is still pending consideration, therefore, a direction be issued to decide the same.

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Learned State counsel submits that as petitioner is not pressing this petition on merits and is only seeking a direction to decide the pending representation, he is having no objection to the limited prayer made.

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Learned counsel for respondent No.1 also does not object the limited prayer made by learned counsel for petitioner.

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

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Considering the submission of learned counsel for petitioner as also the document annexed as Annexure P-5, which is a representation submitted by petitioner before respondent No.2 without entering into merits on the claim of petitioner, this petition is disposed off directing respondent No.2 to take decision on the pending representation of petitioner dated 13.03.2023 at the earliest preferably within a period of eight weeks from the date of receipt of this order. It is also made clear that this Court has not expressed any opinion on the merits of claim of petitioner and it is for respondent No.2 to take decision on the same strictly in accordance with law.

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Accordingly, this petition is disposed of with the aforesaid observations and directions.

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Sd/(Parth Prateem Sahu) Judge

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Balram

Mohan Dhruv v. Government of India

Case brief

What is this about?

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Mohan Dhruv v. Government of India

Case brief

What is this about?

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