Dismissed¶29

Son Das v. the State of Chhattisgarh

Chhattisgarh HC2 Dec 2024WPC/5978/2024

Case brief

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What is this about?

Son Das v. The State of Chhattisgarh & others, WPC No. 5978 of 2024, High Court of Chhattisgarh at Bilaspur, decided 03/12/2024 by Naresh Kumar Chandravanshi, J. Keywords: Article 226; writ of mandamus; land acquisition compensation; pending representation dated 26.09.2023; Khasra No. 153/3; Khasra No. 153/4; A.D.B. Road Development Project; Public Work Department; award-chart; vague writ petition; dismissal with liberty to file better constituted petition; Korba; Silli; Pali.

What did the court decide?

Liberty to file a better constituted petition ¶29

Son Das Vs the State of Chhattisgarh — Writ and Judicial Review | Chhattisgarh HC (2024)

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Digitally signed by AVANISH KUMAR PATHAK Date: 2024.12.05 11:05:57 +0530

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2024:CGHC:47606

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 5978 of 2024

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1 - Son Das S/o. Jagram Das Aged About 50 Years R/o Village And Post Silli, Tehsil Pali, Distt. Korba (C.G.)

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... Petitioner

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versus

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1 - The State Of Chhattisgarh Through Secretary Of Public Work Department Nirman Bhawan North Block, Sector 19, Capital Capital Complex, Naya Raipur (C.G.

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2 - The Collector Korba, Distt. Korba (C.G.)

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3 - Sub Divisional Officer (R) Korba. Sub Division, Korba, Distt. Korba (C.G.)

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4 - Tahsildar Korba, Tahsil Pali, Distt. Korba (C.G.)

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... Respondents

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For Petitioner : Ms. Chetna Sharma, Adv. For Respondents : Mr. Ranbir Singh, Addl. Adv. General with Mr. Keshav Gupta, GA for the State.

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(Hon’ble Mr. Naresh Kumar Chandravanshi, J)

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Order on Board

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03/12/2024

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The petitioner has preferred this writ petition under Article 226 of

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the Constitution of India seeking following reliefs :-

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i. Hon'ble Court may be kind and gracious enough to pass direction to the respondent authorities for taking action on the pending representation dated 26.09.2023 for grant of compensation submitted before him or by issuance of writ of mandamus or any other writ/writs, order/orders.

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ii. Any other relief/relief's which Hon'ble court may deem fit in the facts and circumstances of the instant case.

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Learned counsel for the petitioner submits that private land of petitioner bearing Khasra No. 153/3 area 0.065 situated at village Silli, Tehsil Pali, Distt. Korba, has been marked for acquisition under Road Development Project by the Public Work Department under A.D.B. Project but due to some discrepancies and irregularities in the actual measurement of land acquired and also in the amount of compensation, the petitioner submitted an application (Annexure P-1) on 16.03.2022 before respondent no. 3/Sub Divisional Officer (Revenue), Korba, Distt. Korba (CG) requesting him to reenquire the matter and get the spot inspection done again, so that an appropriate compensation amount to the petitioner can be awarded. The petitioner further moved an application (Annexure P-3) to the respondent no. 3 on 20.10.2022 that his private land admeasuring Khasra No. 153/3 rakba 0.065 was marked for acquisition but later on, he came to know that instead of proposed parcel of land, another parcel of land i.e. Khasra No. 153/4 rakba 0.085 has been acquired and award- chart for compensation has been prepared wrongly. On 26.09.2023, he again submitted his representation (Annexure P-4) before the respondent no.2/Collector, Korba, Distt. Korba raising the same ground and requesting him to decide fair amount of compensation but till date, he has got no positive response. It is submitted

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that, despite efforts made by the petitioner, no action has been taken for redressal of his grievance. Hence the instant petition may be admitted for hearing.

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Per contra, learned Addl. Advocate General appearing for the State submits that the petitioner has filed only some representations along with this petition, but he has not filed any document to show that he is owner of the land in question. Therefore, this petition is liable to be dismissed.

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Heard learned counsel for the parties and perused the material available on record.

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On perusal of the petition and the documents, it is found that the petitioner, except some applications/representations submitted before the respondents/authorities, has not filed any documents to demonstrate the fact that any acquisition proceeding has been initiated in respect of land bearing Khasra No. 153/3, situated at village Silli. Thus, since the petitioner has not filed this writ petition along with necessary documents, as such, it is found to be vague. Therefore, this petition is dismissed. However, liberty is left with the petitioner to file a better constituted petition, if so desire.

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Sd/-

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( Naresh Kumar Chandravanshi )

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JUDGE

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pathak

Son Das v. the State of Chhattisgarh

Case brief

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Son Das v. the State of Chhattisgarh

Case brief

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