Nafr High Court
Case Details
1 2025:CGHC:30177 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3259 of 2025 1 - Nitesh Agrawal S/o Late Gulabchand Agrawal Aged About 42 Years R/o Jagatpur, Raigarh Chhattisgarh (Serial No. 79 Of Compensation Chart) 2 - Menka Agrawal D/o Late Gulabchand Agrawal Aged About 35 Years R/o Jagatpur, Raigarh Chhattisgarh (Serial No., 79 Of Compensation Chart) 3 - Ati Agrawal D/o Late Gulabchand Aged About 38 Years R/o Jagatpur, Raigarh Chhattisgarh (Serial No. 7 Of Compensation Chart) 4 - Krishna Devi Agrawal W/o Late Gulabchan Agrawal Aged About 62 Years R/o Jagatpur, Raigarh Chhattisgarh (Serial No. 28 Of Compensation Chart)
Legal Reasoning
5 - Smt. Mona Agrawal W/o Sourabh Agrawal Aged About 44 Years R/o Walford City, Raipur Chhattisgarh (Serial No. 185 And 186 Of Compensation Chart) 6 - Sourabh Agrawal S/o Gopal Agrawal, Aged About 45 Years R/o Walford City, Raipur Chhattisgarh (Serial No. 185 And 188 Of Compensation Chart) 7 - Minor Mahi Agrawal D/o Smt. Mona Agrawal Aged About 12 Years R/o Walfored City, Raipur Chhattisgarh (Serial No. 184 Of Compensation Chart) Being Minor Through Mother Smt. Mona Agrawal/ Respondent No. 5 8 - Minor Bhumika Agrawal D/o Mona Agrawal Aged About 16 Years W/o Sourabh Agrawal, Aged About 44 Years, R/o Walford City, Raipur Chhattisgarh (Serial No. 187 Of Compensation Chart) Being Minor Through Mother Smt. Mona Agrawal/ Respondent No. 5 9 - Kishor Agrawal S/o Murlidhar Agrawal Aged About 50 Years R/o Jagatpur, Tahsil And District Raigarh Chhattisgarh (Serial No. 32 Of Compensation Chart And Legal Representative/ Son Of Late Bimla Devi Agrawal, Sl No./ 145 Of Compensation Chart) 10 - Manish Agrawal S/o Mulidhar Agrawal Aged About 37 Years R/o Jagatpur, Tahsil And District Raigarh Chhattisgarh (Serial No. 114 Of Compensation Chart) 11 - Mukesh Agrawal S/o Natthulal Agrawal Aged About 49 Years R/o Laltanki, Tahsil And District Raigarh Chhattisgarh (Serial No. 109 Of Compensation Chart) 12 - Rinki Agrawal D/o Natthulal Agrawal Aged About 46 Years R/o Laltanki, Tahsil And District Raigarh Chhattisgarh (Serial No. 132 Of Compensation Chart) 13 - Yogesh Agrawal S/o Natthulal Agrawal Aged About 36 Years R/o Laltanki Tahsil And District Raigarh Chhattisgarh (Serial No.120 Of Compensation Chart) Digitally signed by JYOTI JHA Date: 2025.07.04 11:20:23 +0530 2 14 - Ankit Agrawal S/o Gopal Agrawal Aged About 36 Years R/o Laltanki, Tahsil And 1 Of Compensation Chart) District Raigarh Chhattisgarh (Serial No. 15 - Nirmal Agrawal S/o Suresh Agrawal Aged About 38 Years R/o Subhash Chowk, Raigarh, Tehsil And District Raigarh Chhattisgarh (Serial No. 172 Of Compensation Chart) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Water Resource, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur chhattisgarh 2 - Collector Saku, District Sakti Chhattisgarh 3 - Sub Divisional OfÏcer, (Revenue) Dabhra Cum Land Acquisition OfÏcer, Dabhra, District Sakti Chhattisgarh 4 - Engineer In Chief, Department Of Water Resource, Shivnath Bhawan, New Raipur, Raipur Chhattisgarh 5 - Chief Engineer, Water Resource Departmen, Bilaspur Chhattisgarh 6 - Executive Engineer, Water Resource, Department Kharsiya District Raigarh Chhattisgarh ----Respondents (Cause-title taken from Case Information System) For Petitioner For Respondent-State : Mr. Sourabh Sharma, Advocate : Mr. Praveen Das, Dy. A.G. Hon’ble Shri Arvind Kumar Verma Order on Board 02/07/2025 1. The present writ petition has been filed by the petitioner seeking following relief(s):- 10.1 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/writs, order, direction to the respondents for deciding the representation under Section 33 of the Act, 2013 after hearing all the parties on merits strictly in accordance with law in light of judgment reported in 2016 SCC Online Del. 6119, which is further afÏrmed by the Hon’ble Supreme Court in SLP (C ) No. 025073/2017 and similar petition WPC No. 3
Decision
4684/2024 disposed of by this Hon’ble Court. 10.2 Any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given. 2. Learned counsel for the petitioners submits that the land of the petitioners along with others was subject matter of acquisition under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013 (hereinafter for brevity referred to as the Act, 2013). Accordingly, the award was passed on 09.09.2022 (Annexure P/1). He contended that after receipt of the award, petitioners realized that there is some clerical mistake and therefore, they have filed an application under Section 33 of the Act, 2013 on 23.02.2023 and 16.05.2024 (Annexure P/3). 3. He submits that though, the application has been filed immediately after receipt of the copy of the award, however, till date, the Respondent No. 3/Sub-Divisional OfÏcer (R) has not decided the same and therefore, direction may be issued to the Respondent No. 3/Sub-Divisional OfÏcer (R) to take decision on the pending application within specified time. 4. On the other hand, learned counsel for the Respondents/State submits that as the petitioners are not pressing this writ petition on merits and is only seeking a direction to the Respondent No. 3/Sub- Divisional OfÏcer (R) to take decision on the pending application, he is having no objection. He submits that if the application is still pending consideration, it will be considered and appropriate orders will be 4 passed in accordance with law. 5. I have heard learned counsel for the parties and perused the documents placed along with the writ petition. 6. Taking into consideration the aforementioned facts of the case, nature of grievance raised, submission of counsel for the petitioner based on the application dated 23.02.2023 and 16.05.2024 (Annexure P/3), where the application under Section 33 of the Act, 2013 has been filed as early as on 23.02.2023 and 16.05.2024 this Court is of the opinion that application is still pending consideration, without entering into the merits of the claim of the petitioner, this petition is disposed of with a direction to the Respondent No.3/Sub-Divisional OfÏcer (R) to take decision on the representation/application dated 23.02.2023 and 16.05.2024 (Annexure P/3) in accordance with law, expeditiously, preferably within a period of 03 months from the date of receipt of the order if already not decided. 7. With the aforesaid observation(s), and direction(s) the instant petition is hereby disposed of. (Arvind Kumar Verma) Judge Sd/- Jyoti