Disposed

Nakul v. State Of Chhattisgarh

Chhattisgarh HC17 Nov 2024WPC/34/2016

Case brief

AI extract

What is this about?

Petitioner challenged non-payment of compensation and lack of land exchange for land used for road under PMGSY. Court found an exchange notice was issued but petitioner claimed refusal. Directed respondents to issue a fresh notice within 20 days for exchange procedure.

What did the court decide?

Respondent No.3 directed to issue fresh notice for exchange of land within 20 days; petitioner to respond within one month. Exercise to be completed within two months.

Nakul Vs State Of Chhattisgarh — Land Acquisition | Chhattisgarh HC (2024)

1 / 3

WPC No. 34 of 2016

2024:CGHC:44850

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶6

WPC No. 34 of 2016

¶7

Nakul S/o Bulaki Lodhi, Aged About 36 Years R/o Vill. Dhara, P. S. and Tah.- Dongargarh, District Rajnangaon, Chhattisgarh

¶8

... Petitioner

¶9

versus

¶10

State Of Chhattisgarh Through The Secretary, Rural Engineering Services, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh

¶11

The Commissioner, Durg Division, Durg, Chhattisgarh

¶12

The Additional Collector, Rajnandgaon, Chhattisgarh

¶13

The Executive Engineer Cum Member Secretary, Pariyojana Kriyanvan Ekai No. 1 C. G. Gramin Sadak Vikas Abhikaran, District Rajnandgaon Chhattisgarh

¶14

... Respondents

¶15

For Petitioner : Mr. Akash Pandey, Advocate For Respondents/State : Mr. Abhishek Singh, Panel Lawyer

¶16

(HON’BLE SHRI JUSTICE BIBHU DATTA GURU)

¶17

Order on Board

¶18

18/11/2024

¶19

By the present writ petition, the petitioner is seeking a declaration that he is entitled for exchange of land in lieu of his land which has been used for the purpose of construction of a road under the Pradhan Mantri Gram Sadak Yojna. The petitioner also seeking a

¶20

2 / 3

¶21

WPC No. 34 of 2016

¶22

direction towards the respondents that in alternate, if exchange of land is not possible then for payment of compensation with interest under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 be directed.

¶23

Learned counsel appearing for the petitioner submits that the land of the petitoner bearing Khasra No.152/1 situated in Patwari Halka No.2 Village Dhara, District Rajnandgaon has been used by the respondents for construction of road under the Pradhan Mantri Gram Sadak Yojna and after using the said land, neither compensation has been paid to the petitioner in lieu of the said land nor any land has been offered for exchange.

¶24

Learned counsel appearing for the respondents/State by referring Annexure R/1, a communication dated 04/03/2016 issued by the SDO, Dongargarh to Additional Collector, Rajnandgaon, submits that the petitioner was informed for exchange of land in lieu of the land which has been used by the respondents for construction of road but the petitioner refused to accept the said notice by which they have offered for exchange of the land.

¶25

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

¶26

From perusal of the documents particularly Annexure R/1, a communication dated 04/03/2016 which has been issued by the

¶27

3 / 3

¶28

WPC No. 34 of 2016

¶29

SDO, Dongargarh to the Additional Collector, Rajnandgaon by which it has been informed that they are ready to provide land in exchange of the petitioner’s land bearing khasra No.152/01 and issued notice to the petitioner but the petitioner refused to accept the same. In the said letter, the SDO, Dongargarh mentioned the description of two Khasra Nos.415 area of 2.04 acres and Khasra No.136/4 area of 8 acres.

¶30

As stated by the counsel for the petitioner, no such notice was received by him however, the respondents counsel submits that the petitioner refused to accept the said notice though it was issued and annexed with the reply.

¶31

In view of the aforesaid facts, the respondent No.3/Additional Collector, Rajnandgaon is directed to issue a fresh notice by offering exchange of land to the petitioner within a period of 20 days from the date of receipt of a copy of this order and the petitioner shall respond to the said letter within a period of one month thereafter and necessary proceeding be drawn for the said exchange of land. The said exercise be done within a period of two months thereafter.

¶32

With the aforesaid direction, this writ petition is disposed of.

¶33

Sd/-

¶34

(BIBHU DATTA GURU) JUDGE

¶35

$. Bhilwar

Nakul v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Nakul v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/s Chhattisgarh Packagers Pvt. Ltd. Vs State Of Chhattisgarh

Pramod Kumar Agrawal Vs Board Of Revenue

M/s Chhattisgarh Packagers Pvt. Limited Vs State Of Chhattisgarh

Oriental Public School Ambikapur Vs State Of Chhattisgarh

Loyola School Bilaspur Vs State Of Chhattisgarh

Rajendra Padhya Vs State Of Chhattisgarh