Disposed

Nirmala v. State of Chhattisgarh

Chhattisgarh HC22 Jan 2025WPC/474/2025

Case brief

AI extract

What is this about?

Petitioners sought a direction to the Land Acquisition Officer to decide their Section 33 representations under the 2013 land acquisition Act challenging the compensation award for acquired land. The court disposed of the petition directing the officer to decide the representations, preferably within 90 days.

What did the court decide?

Direction to respondent No.3 to decide petitioners' representations dated 31.12.2024 under Section 33 of Act, 2013 preferably within 90 days.

Nirmala Vs State of Chhattisgarh — Land Acquisition | Chhattisgarh HC (2025)

2025:CGHC:4143

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 474 of 2025

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Digitally signed by SHOAIB SHOAIB ANWAR ANWAR Date: 2025.01.23 23:03:33 +0530

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1 - Nirmala D/o Avadh Ram Aged About 41 Years (Serial No. 41 Of Compensation Chart) R/o Village Dhorabhata, Tehsil Bilha, District Bilaspur, Chhattisgarh

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2 - Laxman S/o Pyare Lal Aged About 44 Years (Serial No. 38 Of Compensation Chart) R/o Village Dhorabhata, Tehsil Bilha, District Bilaspur, Chhattisgarh

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3 - Gopi S/o Shyam Lal Aged About 37 Years (Serial No. 12 Of Compensation Chart) R/o Village Dhorabhata, Tehsil Bilha, District Bilaspur, Chhattisgarh

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through Secretary Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh

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2 - Collector Bilaspur, District Bilaspur Chhattisgarh

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3 - Land Acquisition OfÏcer-Cum-Sub Divisional OfÏcer (Revenue) Bilha, District Bilaspur Chhattisgarh

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4 - Executive Engineer Water Resource Division Kota, District Bilaspur Chhattisgarh

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... Respondent(s)

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(Cause title taken from CIS)

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For Petitioner(s) : Ms. Apurva Nigam, Advocate

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For Respondent/State : Shri Shreyansh Mehta, Panel Lawyer.

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Hon'ble Shri Bibhu Datta Guru, Judge Order on Board

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23.01.2025

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Heard.

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The petitioners have preferred this petition under Article 226 of the Constitution of India seeking following relief(s):-

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10.1 That this Hon’ble Court may kindly be pleased to grant relief to the present petitioner in terms of the order dated 14/11/2024 passed in WPC No. 5653/2024, considering the similarity of facts and subject matter between the two cases.

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10.2 That this Hon’ble Court may kindly be pleased to direct the respondent No. 3 for deciding statutory application of the petitioner under Section 33 of Act, 2013 within a period of 60 days.

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10.3 That this Hon’ble Court may kindly pass any other relief(s), as it may deem just and proper, in the interest of justice and equity.

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Learned counsel for the petitioners submits that the petitioners are owners of land bearing Khasra Nos. 146/1, 529 & 685/2 respectively, which have been acquired for construction of Arpa

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Bhaisjhar Bairaj Priyojna by the respondents vide award dated 15.7.2024 and compensation has been granted to the petitioners, but the same has not been received by the petitioners. It is further submitted that the amount of compensation determined by the Land Acquisition OfÏcer- cum-Sub Divisional OfÏcer (Revenue), Bilha Distt. Bilaspur vide Annexure P/1 is not in accordance with provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short the Act 2013), therefore, the petitioners have filed representation (Annexure-P/2) under Section 33 of the Act, 2013 before respondent No.3/ Land Acquisition OfÏcer-cum-Sub Divisional OfÏcer (Revenue), Bilha Distt. Bilaspur, but the same has not been decided yet. Therefore, it is prayed that this petition may be disposed of directing respondent No.3 to decide their representations (Annexure-P/2).

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Learned counsel for the State has no objection in allowing the limited prayer made by learned counsel for the petitioners.

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Having considered the prayer made by the petitioners that despite representation filed by them under Section 33 of the Act, 2013 against the quantum of amount of award, the same has not been decided yet, therefore, this petition is disposed of directing respondent No.3/Land Acquisition OfÏcer- cum-Sub Divisional OfÏcer (Revenue), Bilha Distt. Bilaspur to decide the representations dated 31.12.2024 of the petitioners (Annexure-P/2), as early as possible, preferably within 90 days from the date of receipt of a copy of this order.

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Learned counsel for the petitioners are directed to file copy of this order along with copy of Annexure-P/2, i.e. representations dated 31.12.2024 of the petitioners before respondent No.3.

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Accordingly, the petition is allowed.

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Interlocutory application(s) pending, if any, also stands disposed of.

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Sd/-

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(Bibhu Datta Guru) Judge

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Shoaib

Nirmala v. State of Chhattisgarh

Case brief

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Nirmala v. State of Chhattisgarh

Case brief

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