1 - Ashwini Singh S/o Kumudeshwar Singh Aged About 64 Years R/o Village Shemra v. 1 - Akash Chikara Collector, Collector- Janjgir -Champa District Janjgir - Champa, C.G
Case Details
1 2025:CGHC:12862 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR (Order reserved on 02/01/2025) (Order delivered on 18/03/2025) CONT No. 1007 of 2024 1 - Ashwini Singh S/o Kumudeshwar Singh Aged About 64 Years R/o Village Shemra, Tahsil Nawagarh, District- Janjgir-Champa, C.G. ... Petitioner versus 1 - Akash Chikara Collector, Collector- Janjgir -Champa District Janjgir - Champa, C.G. ... Respondent For Petitioner
Legal Reasoning
of the order dated 02/01/2024 passed by this Court in WPC No.5095
Arguments
: Mr. Amit Kumar, Advocate For Contemnor : Mr. Jitendra Shrivastava, Advocate (Hon'ble Shri Arvind Kumar Verma, Judge) C A V Judgment 1. The instant contempt petition has been filed alleging non-compliance
Decision
of 2023, whereby the said writ petition was disposed of directing the petitioners to file fresh representation along with all the necessary/requisite documents before the Collector, Janjgir-Champa (Respondent No.2 therein) within a period of 15 days and the said ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.19 17:11:03 +0530 2 authority was directed to consider and decide the same within a further period of four months. 2. Learned counsel for the petitioner would submit that pursuant to the order passed by this Court, the petitioner made a representation before the respondent authority/contemnor within the stipulated time i.e. on 18/01/2024 and prayed for the compensation. He would next contend that despite lapse of almost 07 months the concerned respondent authority has not decided the representation of the petitioner. Therefore, this is willful disobedience of the order passed by this Court. 3. Per contra, learned counsel for the contemnor would submit that after the order passed by this Court the respondents initiated appropriate proceedings and conducted fresh demarcation by constituting a team in accordance with law and the notice was also issued to the petitioner and the said demarcation was conducted in his presence. Thereafter, the demarcation report was given on 04/09/2024 and the demarcation report would show that the land of the petitioner has not been acquired or utilized for construction of road as such the petitioner is not entitled for compensation. He would next contend that the show- cause notice was also issued to the officials who had prepared the earlier wrong demarcation report for committing mistake on their part. He would next contend that the petitioner is in possession of land bearing Khasra No.344/20 & 344/31 admeasuring 0.59 acres, 3 whereas according to the Goverment Nistar Patrak & Adhikar Abhilekh of the year 1954-55 the subject road has been constructed on the land bearing Khasra No.344/2, therefore, the petitioner is not entitled for compensation on the said land. He would lastly contend that in view of the above, the petitioner is not entitled for any compensation and the contempt petition deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents. 5. Perusal of the order passed in WPC No.5095 of 2023 dated 02/01/2024, wherein this Court has passed the following order:- 9. As per contention putforth by petitioners in the instant petition and the documents enclosed with the petition, particularly, demarcation report (Annexure P-2), 0.21 acres of land have been utilized by respondents authorities for construction of aforesaid road, whereas, as per Memo dated 06.02.2021 issued by Executive Engineer, PWD construction of road / widening of road has been made over 80 feet of land, which had already been acquired in the year 1955-56, therefore, considering aforesaid disputed facts, this petition is disposed of at this juncture directing the petitioners to file fresh representation alongwith all the necessary / requisite documents before Collector, 4 Janjgir- hampa (respondent No. 2 herein) within a period of 15 days from today alongwith copy of this order and, in turn, the Collector Janjgir- hampa shall consider and decide the same within a further period of four months after filing of representation filed by the petitioners. It is further directed that if it is found that some portion of the aforesaid land of the petitioners has been utilized for construction of aforesaid road, then necessary proceeding may be initiated and compensation may be granted to the petitioners by following relevant law / Rules governing the field. 6. Also perused the memo of the Collector, District Janjgir-Champa bearing No.12007/S.A.SA./2024 dated 22/11/2024 whereby the SDO (R) , Janjgir, District Janjgir-Champa has given the following report:- dk;kZy; dysDVj Hkw&vfHkys[k 'kk[kk ds i`-dz-1168 fnukad 11-09- 2024 vuqlkj ekuuh; dysDVj egksn; }kjk ekuuh; mPp U;k;ky; N-x- fcykliqj ds izdj.k dzekad W.P.C. 5095/2023- Ashwani Singh & Ors. Vs. State of C.G. & 02 Ors. esa ikfjr vkns’k fnukad 02-01-2024 ds ifjikyu esa rglhynkj f’kojhukjk;.k ds v/;{krk esa lhekadu gsrq ny xfBr fd;k x;kA lhekadu ny ds izfrosnu vuqlkj %& 1- xzke lsejk i-g-ua- 13 jk-fu-e- veksjk rglhy uokx<+ ftyk tkatxhj&pkEik ¼N-x-½ fLFkr vkosfnr Hkwfe [kljk ua- 344@20] 334@31 jdck dze'k % 0-72] 0-15 ,dM+ dqy jdck 0-87 ,dM+ 5 Hkwfe gS A 2- fely pdcanh esa [kljk uacj 344 dk dqy jdck 27-43 ,dM+ ntZ gS A orZeku vfHkys[k ds vuqlkj ewy [kljk 344 dk dqy 3- 4- 56 cVkadu gks pqdk gS A lqfHk;k rkykc ds ihNs [kljk ua- 345] 346@3] 346@5 ds fresM+k dks vk/kkj ekudj lhekadu dk;Z izkjaHk fd;k x;k A ;g fd eSds ij pkyw uD'k ds vuqlkj ekSdk tkap fd;k x;k] ekSds ij okn Hkwfe 344@20] 344@31 jdck dzeka'k% 0-72] 0- 15 ,dM+ dqy jdck 0-87 ,dM+ dh ekSds ij dqy Hkwfe 0- 59 ,dM+ Hkwfe ij gh vkosnd dkfct gS ftlesa ekSds ij 0- 06 ,dM+ ij Hkou fufeZr gS ftlesa cSad vkWQ egkjk"Vª lapkfyr gS rFkk cSad vkWQ egkjk"Vª lapkfyr Hkou ds iwoZ ,oa if'pe nksuks fn'kk esa 0-53 ,dM+ Hkwfe fjDr gS A 5- vkosfnr Hkwfe [kljk ua- 344@20] 344@31 ds mRrj fn'kk esa lM+d tkatxhj & dsjk& f'kojhukjk;.k eq[; ekxZ fufeZr gS ftldk eki 410X0-52 dM+h ¼0-21 ,dM+½ gS fuLrkj i=d o"kZ 1955 ds i`"B dzekad 19 ds vuqlkj LFkk;h iDdh lM+d tkatxhj ls f'kojhukjk;.k dks [kljk 344@2 mYys[k fd;k x;k gS A ;g fd [kljk dzekad 344@2 jdck 0-38 ,dM+ Hkwfe orZeku esa pkyw fjdkMZ esa NRrhlx<+ 'kklu 'kkldh; Hkwfe lM+d en ij ntZ gS A mijksDr dk;kZy; dysDVj ¼Hkw&vfHkys[k 'kk[kk½ ftyk tkatxhj&pkEik ¼N-x-½ ds i= dzekad 137 fnukad 08-08-2024 ds i=kuqlkj xfBr lhekadu ny ds izfrosnu dh df.Mdk 05 vuqlkj vkosfnr Hkwfe [kljk ua- 344@20] 344@31 ds mRrj fn'kk esa lM+d tkatxhj & dsjk & f'kojhukjk;.k eq[; ekxZ fufeZr gS ftldk eki 410X0-52 dM+h ¼0-21 ,dM+½ gS fuLrkj i=d o"kZ 1955 ds i`"B dzekad 19 ds vuqlkj LFkk;h iDdh lM+d tkatxhj ls f'kojhukjk;.k dks [kljk 344@2 6 mYys[k fd;k x;k gS A ;g fd [kljk dzekad 344@2 jdck 0-38 ,dM+ Hkwfe orZeku esa pkyw fjdkMZ esa NRrhlx<+ 'kklu 'kkldh; Hkwfe lM+d en ij ntZ gS A 7. From perusal of the order/memo of the Collector dated 22/11/2024 it is apparent that they have not utilized the land of the petitioner and the subject road which has been constructed is on some other land. 8. In view of the above, no deliberate contempt has been made out against the contemnor. Accordingly, the contempt proceedings are closed and the contempt petition is disposed of. SD/- SD/- (Arvind Kumar Verma) Judge Ashu