Jhankeshwari Chandra@ Meena Vs State of Chhattisgarh

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1

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2025:CGHC:23805

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WP(C) No. 2627 of 2025

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1 - Jhankeshwari Chandra@ Meena W/o Balram Chandra Aged About 47 Years R/o House No. 01 Ward No. 10, Bajrang Chowk, Jaijaipur, P.S. Jaijaipur, DistrictSakti (C.G.)

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2 - Niranjan Prasad Shrivas S/o Videshi Ram Aged About 55 Years R/o Basti Para, Kalmidih, Beladula, Jaijaipur, P.S. Jaijaipur, District Sakti (C.G.)

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... Petitioner(s)

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versus

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1 - State of Chhattisgarh Through- The Secretary, Public Works Department, Atal Nagar, Nawa Raipur District Raipur (C.G.)

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2 - Collector District Sakti, Sakti (C.G.)

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3 - Sub Divisional Officer (Revenue) Sakti, District- Sakti (C.G.)

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4 - Project Manager Adb Project, C.G. Sadak Vikas Yojna, Lok Nirman Vibhag (Public Works Department), Bilaspur (C.G.).

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---- Respondents

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For Petitioners : Ms. Hamida Siddiqui, Advocate For State : Ms. Upasana Mehta, Dy. GA

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Hon'ble Shri Justice Arvind Kumar Verma

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Order on Board

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13/06/2025

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The present writ petition has been filed by the petitioners with the following relief(s) :

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2

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“10.1. That, this Hon’ble Court may kindly be pleased to dire t the respondent authority to pay the compensation amount of Rs.53,90,160/- to the petitioner No.1 and the compensation amount of Rs.1,18,720/- to the petitioner No.2 immediately.

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10.2. That, the 9% interest upon the compensation amount since 2020-21 be paid.

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10.3. That, the damages also be paid from 2020 since when the possession upon petitioners lands have been taken over by the respondent.

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10.4. Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioner together with cost of the

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petition.”

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Learned counsel appearing for the petitioners submits that the act of the respondent authority by taking the possession and ownership of the land of the petitioners and paying the compensation is violative of the article 19, 21 of the Constitution of India. She further submits that the compensation amount has been calculated by the respondent authority itself, to which the petitioner has never made any objection and yet the amount has not been paid. The respondent authorities are responsible to pay the compensation amount of Rs.53,90,160/- to the petitioner No.1 and Rs.1,18,720/- to respondent No.2 and interests upon the

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3

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compensation calculated by the respondent authorities. She further submits that for payment of compensation, petitioners have submitted the representations before the respondents No.2 and 3 vide Annexure P-6 & P-7 respectively, which are still pending. Therefore, it may be directed to respondents No.2 & 3 to consider and decide the Annexure P-6 & P-7 within time bound period.

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Learned counsel appearing for the State not opposes the limited prayer made by learned counsel for the petitioners.

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

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Considering facts of the case, submissions of counsel for the respective parties, this writ petition is disposed of directing to the respondents No.2 & 3 to consider and decide representation of the petitioners Annexure P-6 & P-7 within an outer limit of 90 days form the date of receipt of copy of this order, as per relevant rules, regulations and law.

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Accordingly, the instant petition is disposed of.

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C.C. as per rules.

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Sd/- (Arvind Kumar Verma) Judge

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Vasant

Jhankeshwari Chandra@ Meena v. State of Chhattisgarh

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Jhankeshwari Chandra@ Meena v. State of Chhattisgarh

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