Mahendra Kumar Nathhani Vs State Of Chhattisgarh and Ors.

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2024:CGHC:43645

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 861 of 2015

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1 - Mahendra Kumar Nathhani S/o Sheetla Das, Aged About 50 Years R/o Ward No. 13, Bodri Chakatbhatha, PO Chakarbhatha Camp, Ps Chakarbhatha, Tahsil Bilha, District Bilaspur Chhattisgarh.

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... Petitioner

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versus

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1 - State of Chhattisgarh S/o Through Secretary Revenue And Dissaster Management Department Mantralaya, Mahanadi Bhawan, Naya Raipur District Raipur Chhattisgarh

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2 - The Collector Bilaspur District Bilaspur Chhattisgarh

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NARESHKUMAR Digitallysigned byNARESH KAMDE KUMARKAMDE

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3 - Sub Divisional Officer Revenue Cum - Land Acquisition Officer, Bilha, District Bilaspur Chhattisgarh

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4 - The Defence & Estates Officer, Jabalpur Circle, Jabalpur Kent, District Jabalpur Madhya Pradesh

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... Respondents

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For Petitioner : Shri Harshmandar Rastogi, Advocate appearing on behalf of Shri Mateen Siddiqui, Advocate.

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For the State/Resp. : Ms. Upasana Mehta, Dy. Govt. Advocate. No. 1 to 3

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Hon’ble Shri Justice Bibhu Datta Guru

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Order on Board

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08/11/2024

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By the present writ petition the petitioner, who is claiming as the land owner of land bearing Khasra No. 18/3 and 19 admeasuring are 2.80

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2

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and 1.50 in total 4.30 acres situated at village Tilsara, Tehsil and Block Bilha, District- Bilaspur (C.G.) whose lands were acquired by the award dated 10/05/2013 (Annexure-P/5) by the Land Acquisition Officer/Sub Divisional Officer (Revenue), Bilha, District- Bilaspur (C.G.) seeking the following reliefs :-

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“10.1 award dated 10.05.2013 (Annexure-P/5) passed in land acquisition proceedings initiated under Land Acquisition Act, 1894 in Land Acquisition Case No. 13/A82/2011-12 may be declared as lapsed and respondents may be directed to proceed in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, if for granting/fixing compensation.”

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The main ground by which the petitioner is seeking that the Land Acquisition Proceeding be declared as lapsed, though the award has been passed under the old Act i.e. Land Acquisition Act, 1894, but the possession of the land in question, has been taken on 06/01/2014. He referred the provision of Section 24 (2) of the New Act Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, which reads as under :-

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“24 (2) Notwithstanding anything contained i9n subsection (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894, where an award under the said Section 11 has been made five years or more prior to the commencement of this Act, but the physical possession of the land has not been taken or the compensation has not been paid the said proceeding shall be deemed to have been lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act.

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Provided that where an award has been made and compensation in respect of majority of land holdings has not been deposited in the beneficiaries,

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3

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then, account all of the beneficiaries specified in the notification for acquisition under Section 4 of the said land acquisition act, shall be entitled to compensation in accordance with the provisions of this Act."

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Learned counsel for the petitioner submits that as the physical possession of the land has not been taken, the proceeding of land acquisition be declared as lapsed.

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Learned counsel appearing for the State submits that the provision of Section 24 (2) of the Act will not attracted or applicable in case of the petitioner because the award has been passed on 10/05/2013 and the amount of compensation has been paid on 06/01/2014 and possession has also been taken on 06/01/2014. She referred the reply submitted by the State in paragraph 7 & 8.

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I have heard learned counsel for the parties and gone through the record.

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It is not in dispute that, the award has been passed on 10/05/2013 by the Land Acquisition Officer in the Land Acquisition Case No. 13/A82/2011-12. After the award of compensation amounting to Rs.8,00,397/- has also been paid to the petitioner on 06/01/2014 vide Cheque No. 296239 dated 06/01/2014 (Annexure-R/6) pursuant to the award passed by the Land Acquisition Officer. Further a copy of the letter of possession has been annexed by the respondent-State by which the petitioner handed over the possession of the land to the Estate Officer, Department of Defence, Jabalpur through Land Acquisition Officer, dated 06/01/2014 (Annexure-R/7). Hence, the petitioner’s contention, that as the physical possession of the land has not been taken from the petitioner and in view of the said the land acquisition proceeding be declared as lapsed cannot be acceptable as

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the petitioner himself has given the possession to the Estate Officer, Department of Defence, Jabalpur through Land Acquisition Officer on 06/01/2014 and compensation has also been paid to the petitioner on 06/01/2014. The provision of Section 24 (2) of the Act will not be attracted or applicable in the case of the petition. The petitioner is not

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entitle for any relief as sought for in the present writ petition.

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Hence the writ petition filed by the petitioner without any substance and deserves to be and is hereby dismissed.

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Sd/-

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(Bibhu Datta Guru) JUDGE

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Kamde

Mahendra Kumar Nathhani v. State Of Chhattisgarh and Ors.

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Mahendra Kumar Nathhani v. State Of Chhattisgarh and Ors.

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