Disposed

Bharat Lal Sharma v. Union Of India

Chhattisgarh HC2 Jan 2024WPC/2588/2016

Case brief

AI extract

What is this about?

Petitioner sought compensation for land allegedly used for constructing the Pendridih-Darrighat bypass without acquisition. The State produced an award dated 15.12.2018 acquiring portions of his land and showing Rs. 25,01,211 deposited in his bank account. The Court held the grievance stood redressed and disposed of the petition with liberty to pursue legal remedies.

What did the court decide?

Petition disposed of; grievance held redressed by the award dated 15.12.2018 and deposit of Rs. 25,01,211, with liberty to pursue legal remedies.

Bharat Lal Sharma Vs Union 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. 2588 of 2016

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Bharat Lal Sharma S/o Late A. P. Sharma, Aged About 66 Years Occupation Advocate, R/o Village Ramdasmarg, Near Mamabhancha Talab, Tikarapara, Bilaspur And Krishak Village Sewanr, Pa. Ha. No.04, Tah Bilha, District Bilaspur, Chhattisgarh, Chhattisgarh

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---- Petitioner

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Versus

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1 - Union of India through Secretary, Central Sadak Parivahan Aur Rajmarg, Mantralaya, New Delhi, Delhi

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2 - Pariyojna Nirdeshak, Bhartiya Rashtriya Rajmarg, Shankar Nagar, V.I.P. State 07, Raipur, District Raipur, Chhattisgarh, 3 - Collector/ Paden Up Sachiv, Revenue, Bilaspur, District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh

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4 - Land Acquisition Officer/ Sub Divisional Officer, Revenue Office, Bilha, Tah Bilha, District Bilaspur, Chhattisgarh.

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5 - Sub Divisional Officer/ Revenue And Competent Officer, Rashtriya Rajmarg, Bilaspur, District Bilaspur, Chhattisgarh.

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6 - Prabandhak/ Owner, Deelip Beeldcom Limited, Plot No. 05, In Side Govind Narayan Singh, Get Chuna Bhatti Kolar Road, Bhopla, Madhya Pradesh.

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---- Respondents

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For Petitioner : Mr. Deepak Diwakar, Advocate For Respondent/State : Mr. Pawan Kesharwani, P.L.

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Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board

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03.01.2024

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The grievance of the petitioner is that he is the owner of the land bearing Khasra No. 38/3 area 0.50 Acre, 38/4 area 0.50 Acre, 38/16 area 0.50 Acre, 38/18 area 0.60 Acre and 38/22 Acre 2.10 Acre at village – Sewar, Tehsil – Bilha, District – Bilaspur. Earlier his land bearing khasra

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No. 38/3 area 0.02 Acre, 38/4 area 0.30 Acre and 38/16 area 0.40 Acre, total 0.72 Acre were acquired by the State for the purposes of construction of Pendridih Darrighat bypass road but his other land Khasra No. 38/18 area 0.60 Acre & 38/22 area 2.10 Acre and also the remaining part Khasra No. 38/4 area 0.20 Acre has not been acquired by the respondent authorities and the bypass road has been constructed over this land without acquisition of his land and without payment of the compensation therefore, he filed the writ petition for direction to the respondent authority to pay the appropriate compensation along-with the damages.

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On 13.07.2023 this Court has directed the Land Acquisition Officer to place on record the proceeding and also to submit the copy of the notification issued under Section 3A and 3D of the National Highway Act 1956 and also directed to clarified whether proceeding for determination of compensation has been done or not. Incompliance of the order dated 13.07.2023 learned counsel for the State place on record the award dated 15.12.2018 passed by the respondent No. 4 with respect to the acquisition of the land bearing khasra No. 38/4, 38/18 and 38/22 of Village – Sewar, Tehsil – Bilha, District – Bilaspur. According to the award dated 15.12.2018 passed by the respondent No. 4, the land of the petitioner Khasra No. 38/4, 38/18 and 38/22, area 400 Sqr. Mtr. 490

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Sqr. Mtr. and 3600 Sqr. Mtr. Respectively, have been acquired and compensation of Rs. 25,01,211/- has been determined for the purpose on Pendradih Darrighat bypassroad. The awarded amount of Rs. 25,01,211/- was deposited in the bank account of the petitioner vide cheque No. 00063 dated 16.09.2020. The copy of the award and intimation of amount deposition of cheque in the account of the petitioner are taken on record.

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Since the award has already been passed on 15.12.2018 with respect to the land of the petitioner and the awarded amount has already been deposited in his account the grievance of the petitioner is settled and redressed, however the liberty is reserved for the petitioner that he may take recourse of the law if any grievance remain or if the occasion arises.

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Therefore, the petition is finally disposed of.

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Sd/-

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( Ravindra Kumar Agrawal ) Judge

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vaishali

Bharat Lal Sharma v. Union Of India

Case brief

What is this about?

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Bharat Lal Sharma v. Union Of India

Case brief

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