Disposed

Smt.Chandrabhaga Bai (Died) through Lrs- v. State of Chhattisgarh

Chhattisgarh HC13 Nov 2024WPC/400/2012

Case brief

AI extract

What is this about?

Petitioners sought quashing of land acquisition notices and return of unused land. The court directed respondents to consider petitions for unutilized land return upon refund of compensation without deciding merits.

What did the court decide?

Respondents directed to consider petitioner's application for unutilized land return upon refund of compensation.

Smt.Chandrabhaga Bai (Died) through Lrs- Vs State of… — Land Acquisition | Chhattisgarh HC (2024)

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2024:CGHC:44598

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 400 of 2012

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Smt.Chandrabhaga Bai (Died) Through Lrs- As Per Honble Court Order Dated 27-02-2024

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1(a) Onkar Soni S/o Late Babulal Soni And Late Smt. Chandrabhaga Bai Aged About 47 Years R/o Soni Saw Mill, Near Gayatri School, Rajnandgaon, District Rajnandgaon (C.G.)

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(1b) Kamlesh Soni S/o Late Babulal Soni And Late Smt. Chandrabhaga Bai Aged About 43 Years R/o Soni Saw Mill, Near Gayatri School, Rajnandgaon, District Rajnandgaon (C.G.)

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... Petitioners

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Versus

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State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mantralaya, DKS Bhawan, Raipur (C.G.).

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Collector District Rajnandgaon (C.G.)

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Land Acquisition Officer Rajnandgaon (C.G.)

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Sub Divisional Officer Rajnandgaon(C.G.)

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Chhattisgarh State Warehousing Corporation Through Managing Director, Head Office N-3, Avanti Vihar, Raipur(C.G.)

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...Respondents

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For Petitioners	: Shri Rahul Ambast, Advocate appeared on
	behalf of Shri Aman Pandey, Advocate.
For Respondent No.1 to 4/State	: Shri Swajeet Singh Uboweja, Panel
	Lawyer.
For Respondent No.5	: Shri Anuroop Panda, Advocate.

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Hon'ble Shri Justice Amitendra Kishore Prasad

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Order on Board

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14/11/2024

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Heard.

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The petitioner has filed the instant petition seeking the following relief:-

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“10.1. The Hon’ble Court may kindly be pleased to call for the entire records pertaining to case of the petitioner from the possession of the respondents for its kind perusal.

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10.2.This Hon’ble Court may kindly be pleased to issue an appropriate writ quashing and setting aside the impugned notification dated 16/07/2002 (Annexure P/1) issued by the respondent No.2 (Collector) and the final award dated 11/11/2002 (AnnexureP/2) issued by the respondent No.3, Land Acquisition Officer Rajnandgaon by declaring the same to be illegal and inoperative in law.

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10.3 This Hon’ble Court may further kindly be pleased to issue an appropriate writ commanding the respondents to release the rest of the vacant balance land i.e. the area admeasuring 4.78 acres out of the total acquire4d area of 6.03 acres situated at Village Nindai.P.H. 35/1, Tahsil and District-Rajnandgaon;

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10.4 Any other relief, which this Hon’ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition, may also please be granted to the petitioner.”

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Learned Counsel for the petitioner submitted that though major portion of land was acquired by the respondent / State for construction of Godown of Ware house, however, the entire land has not been utilized by the Ware House and according to petitioner 4.78 acres of the land is still to be unutilized, the petitioner has taken the amount of award in protest and they are ready to refund the same, if the State will consider their application for refund of land which is unutilized, for this purpose they have filed an application seeking necessary direction in this respect and for disposal of the case on the ground that they may be granted a liberty

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to approach before the State with an application that unutilized land may be returned back and they will also return the amount of compensation for such portion of the land. The Ware House Corporation/respondent No.5 as well as State have no any objection, if such application is moved but they are submitting that the application may be decided in accordance with Law.

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Learned Counsel for respondent No.5 / Ware House Corporation had objected this proposal and they have submitted that in future these land may be required by the Ware House Corporation.

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On the other hand, learned State counsel supports the impugned order and opposes the prayer made by learned counsel for the petitioner.

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Considering the over-all submissions put-forth and the documents annexed with the writ petition, it transpires that since the land in question is unutilized according to petitioner and the petitioners are ready to return the amount of compensation and this order is being passed on the pretext that since the land is unutilized by the Ware Housing Corporation and the petitioner is ready and willing to retain the said land on refund of amount of compensation. Accordingly, the respondent are directed to consider the application / representation of the petitioner in accordance with Law. It is made clear that this Court had not made any opinion on merits of the case.

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Accordingly, with the aforesaid direction, the writ petition is hereby disposed of. No order as to cost.

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Sd Sd/-d/-

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(Amitendra Kishore Prasad)

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Judge

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Ashish

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Digitally signed by ASHISH ASHISH TIWARI Date: TIWARI 2024.12.12 10:46:20 +0530

Smt.Chandrabhaga Bai (Died) through Lrs- v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Smt.Chandrabhaga Bai (Died) through Lrs- 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

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