Disposed

Maanas Kaushik v. Union of India

Chhattisgarh HC7 Jan 2024WPC/5069/2023

Case brief

AI extract

What is this about?

Landowner whose land was acquired for road construction with an award passed but no compensation paid sought writ directions for payment. The petition was disposed of with liberty to file a fresh application under Section 64 of the 2013 Act before the Collector, who was directed to act within 30 days.

What did the court decide?

Liberty to file fresh application under S.64 within 10 days; Collector directed to consider and take steps under the 2013 Act within 30 days thereafter.

Maanas Kaushik 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. 5069 of 2023

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Maanas Kaushik, S/o Late Shri Sonadhar, Aged About 40 Years, R/o Aakda Chhepda, Kondagaon, Tahsil Kondagaon, District Kondagaon, Chhattisgarh.

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---- Petitioner

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Versus

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1. Union Of India, Through The Secretary, National Highway Authority Of India (NHAI), Ministry Of Transport And Highway, Government Of India, New Delhi.

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2. State Of Chhattisgarh, Through The Secretary, Department Of Revenue, Mahanadi Bhawan, Nawa Raipur (C.G.).

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3. The Collector, Kondagaon, District Kondagaon (C.G.).

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4. The Sub-Divisional Officer Cum Land Acquisition Officer, Kondagaon, Division Kondagaon, District Kondagaon (C.G.).

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5. The Tahsildar, Tahsil Kondagaon, District Kondagaon (C.G.).

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6. The Executive Engineer, Public Work Department, Division Kondagaon, District Kondagaon (C.G.).

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---- Respondents

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---------------------------------------------------------------------------------------------- For Petitioner : Mr. Somkant Verma and Mr. Manohar Dewangan, Advocates. For State/respondents No.2 to 6 : Ms. Sameeksha Gupta, P.L.

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Hon'ble Shri Justice Naresh Kumar Chandravanshi

Order On Board

08.01.2024

1. Heard.

2. By way of this petition filed under Article 226 of the Constitution of India petitioner has sought for the following reliefs:-

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10.1 That, this Hon’ble Court may kindly be pleased to call records pertaining to the case of petitioner.

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10.2 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to forthwith pay the land compensation to the petitioner towards acquired his land from the date of taking possession to the date of actual payment of compensation.

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10.3 That, the Hon’ble Court may kindly be pleased to direct the respondent No.3 for consideration on the representation of the petitioner in appropriate time.

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10.4 Any other relief, which this Hon’ble Court may deem fit in favour of petitioner, may also be granted.

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3. Learned counsel for the petitioner submits that grievance of the petitioner in instant petition is that his land has been acquired by the respondent No.6 under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the Act of 2013’) to which award dated 07.08.2021 vide Annexure-P/2 has been passed by the respondent No.4 in Case No.01 / A-82 / 2018-19 and the possession has also been taken by the respondent authorities, but no amount of compensation has

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been passed by the respondent No.4 in Case No.01 / A-82 / 2018-19 and possession of the land has also been taken by the respondent authorities, but no amount of compensation has been paid to the petitioner. It is further submitted that amount calculated for grant of compensation is also not appropriate in accordance with the provisions of the Act of 2013, even after filing of application his grievance has not been redressed. Learned counsel for the petitioner further submits that the petitioner is ready to file fresh application before the respondent No.3/Collector, Kondagaon, District Kondagaon (C.G.) under Section 64 of the Act of 2013 for redressal of his grievance and this petition may be disposed of with a direction to the respondent No.3/Collector Kondagaon, District Kondagaon (C.G.) to consider and decide the application within the period, prescribed by the Court.

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4. Learned counsel appearing for the State/respondents No.2 to 6 does not raise any objection to allow the limited prayer made by the petitioner.

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5. The contention putforth by the parties and the documents filed along with the petition shows that the land of the petitioner has been utilized for construction of road and the award has also been passed on 07.08.2021 vide Annexure-P/2, but no compensation has been given to the petitioner and they are also not satisfied with the quantum of award. For redressal of such grievance, petitioner may take recourse of Section 64 of the Act of 2013, therefore, considering the limited prayer made by the petitioner, the same is allowed and this petition stands

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disposed of at this juncture with liberty to the petitioner to file fresh application before the respondent No.3/Collector, Kondagaon, District Kondagaon (C.G.) for redressal of his grievance within a period of 10 days from today. Thereafter, respondent No.3/Collector, Kondagaon, District Kondagaon (C.G.) shall consider the same and take appropriate steps under the relevant provisions of the Act of 2013, within a further period of 30 days after filing of the fresh application by the petitioner.

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6. In view of above observations and directions, this petition stands disposed of at motion stage itself.

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Sd/- (Naresh Kumar Chandravanshi) Judge

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Deepti Jha

Maanas Kaushik v. Union of India

Case brief

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Maanas Kaushik v. Union of India

Case brief

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