Nafr High Court
Case Details
1 2025:CGHC:4011 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5441 of 2024 1 Ghasninbai Sidar W/o Mangal Sidar, D/o Konda Aged About 45 Years Presently R/o At Village Nawapara, Tehsil Dabhara, District Sakti, Chhattisgarh. (Serial No. 15 Of Compensation Chart) 2 Jeeralal Mali S/o Sumitram Mali Aged About 58 Years Presently R/o At Village Nawapara, Tehsil Dabhara, District Sakti, Chhattisgarh. (Serial No. 21 Of Compensation Chart) 3 Tuleshwar S/o Sundermani Aged About 63 Years Presently R/o At Village Nawapara, Tehsil Dabhara, District Sakti, Chhattisgarh. (Serial No. 27 Of Compensation Chart) 4 Pradeep S/o Mahaveer Prasad Aged About 60 Years Presently R/o At Village Nawapara, Tehsil Dabhara, District Sakti, Chhattisgarh. (Serial No. 48, 82 Of Compensation Chart) 5 Nehru Lal Patel S/o Uttarakumar Patel Aged About 71 Years Presently R/o At Village Nawapara, Tehsil Dabhara, District Sakti, Chhattisgarh. (Serial No. 40, 41 Of Compensation Chart) 6 Toransingh Patel S/o Balbhadraprasad Patel Aged About 59 Years Presently R/o At Village Nawapara, Tehsil Dabhara, District Sakti, Chhattisgarh. (Serial No. 29 Of Compensation Chart) 7 Dhansay Saura S/o Baldev Saura Aged About 78 Years Presently R/o At Village Nawapara, Tehsil Dabhara, District Sakti, Chhattisgarh. (Serial No. 37 Of Compensation Chart) 2 8 Ghasiya Ram Patel S/o Ghanshyam Patel Aged About 68 Years Presently R/o At Village Nawapara, Tehsil Dabhara, District Sakti, Chhattisgarh. (Serial No. 16 Of Compensation Chart) 9 Damodar Prasad Patel S/o Umendra Singh Aged About 41 Years Presently R/o At Village Nawapara, Tehsil Dabhara, District Sakti, Chhattisgarh. (Serial No. 31 Of Compensation Chart) 10 Lalchand S/o Pitambar Singh Aged About 68 Years Presently R/o At Village Nawapara, Tehsil Dabhara, District Sakti, Chhattisgarh. (Serial No. 74 Of Compensation Chart) 11 Vijay Shankar Patel S/o Pitambar Singh Aged About 65 Years Presently R/o At Village Nawapara, Tehsil Dabhara, District Sakti, Chhattisgarh. (Serial No. 76 Of Compensation Chart) 12 Nutan Prasad Nayak S/o Dayaram Aged About 63 Years Presently R/o At Village Nawapara, Tehsil Dabhara, District Sakti, Chhattisgarh. (Serial No. 39 Of Compensation Chart) 13 Bimadhar S/o Yodhanlal Aged About 56 Years Presently R/o At Village Nawapara, Tehsil Dabhara, District Sakti, Chhattisgarh. (Serial No. 66 Of Compensation Chart) 14 Chandrashekhar Nayak S/o Thandaram Nayak Aged About 70 Years Presently R/o At Village Nawapara, Tehsil Dabhara, District Sakti, Chhattisgarh. (Serial No. 19 Of Compensation Chart) 15 Tamsingh Nayak S/o Thandaram Nayak Aged About 82 Years Presently R/o At Village Nawapara, Tehsil Dabhara, District Sakti, Chhattisgarh. (Serial No. 25 Of Compensation Chart) 16 Shiv Kumar Patel S/o Lekhram Aged About 61 Years Presently R/o At Village Nawapara, Tehsil Dabhara, District Sakti, Chhattisgarh. (Serial No. 80 Of Compensation Chart) 17 Bhoj Ram Patel S/o Laxman Prasad Aged About 53 Years Presently R/o At Village Nawapara, Tehsil Dabhara, District Sakti, Chhattisgarh. (Serial No. 59 Of Compensation Chart) 3 18 Laxman Patel S/o Daulat Ram Patel Aged About 80 Years Presently R/o At Village Nawapara, Tehsil Dabhara, District Sakti, Chhattisgarh. (Serial No. 72 Of Compensation Chart) 19 Manoj Nayak S/o Late Jagatram Ram Nayak Aged About 41 Years Presently R/o At Village Nawapara, Tehsil Dabhara, District Sakti, Chhattisgarh. (Serial No. 20 Of Compensation Chart) 20 Santram S/o Brijbhushan Aged About 65 Years Presently R/o At Village Nawapara, Tehsil Dabhara, District Sakti, Chhattisgarh. (Serial No. 88 Of Compensation Chart) ... Petitioner(s) versus 1 State Of Chhattisgarh Through Secretary Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 2 Collector Sakti, District : Sakti, Chhattisgarh 3 Land Acquisition Officer-Cum-Sub Divisional Officer (Revenue) Dabhara, District : Sakti, Chhattisgarh 4 Executive Engineer Water Resources Survey And Barrage Construction Division No. 1, Kharsiya, District : Raigarh, Chhattisgarh (Cause title taken from CIS) ... Respondent(s) For Petitioner(s) For Respondent(s) / : :
Legal Reasoning
Dr. Sudeep Agrawal, Advocate Shri Anmol Sharma, P.L. State Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 4 22/01/2025 Heard. 1. With consent of learned counsel for both the parties, the matter is heard finally. 2. Petitioners have preferred this writ petition under Article 226 of the Constitution of India seeking direction to respondent No. 3/Land Acquisition Officer-Cum-Sub Divisional Officer (Revenue), Dabhara, Distt. Sakti (CG) to decide the representation/application (Annexure P-2) dated 4-10-2024 filed by them under Section 73 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement. Act, 2013 (henceforth, referred as ‘Act of 2013’). 3. Learned counsel for the petitioners submits that, petitioners’ are owners of the following lands:- • the petitioner No. 1 is the owner of land bearing Khasra No. 369 admeasuring area 0.907 hectare (Serial No. 15 of compensation chart). • the petitioner No. 2 is the owner of land bearing Khasra No. 409/5 admeasuring area 1.858 hectare (Serial No. 21 of compensation chart). • the petitioner No. 3 is the owner of land bearing Khasra No. 319, 320, 359/4, 410/3Gha, 410/3Da, 398 admeasuring area 0.150, 0.138, 0.162, 0.121, 0.890 hectare (Serial No. 27 of compensation chart). • The petitioner No. 4 is the owner of land bearing khasra No. 409/4,368/5, 391/2 admeasuring area 2.663,0.061,0.089 hectare (Serial No. 48, 82 of compensation chart) • the petitioner No. 5 is the owner of land bearing Khasra No. 317/1 317/3, 372/3 372/7, 403/2 admeasuring area 0- 049, 0.049, 0.320, 0.320, 0.032 hectare (Serial No. 40, 41 of 5 compensation chart). • the petitioner No. 6 is the owner of land bearing Khasra No. 352/2 358/2, 372/6 372/9 394/4 403/5 admeasuring area 0.024, 0.024, 0.089, 0.036, 0.053, 0.004 hectare (Serial No. 29 of compensation chart). • the petitioner No. 7 is the owner of land bearing Khasra No. 360/2 admeasuring area 0.352 (Serial No. 37 of compensation chart). • the petitioner No. 8 is the owner of land bearing Khasra No. 410/4ka 410/4kha admeasuring area 0.170 hectare (Serial No. 16 of compensation chart). • the petitioner No. 9 is the owner of land bearing Khasra No. 318/3 392/3 395/3, 397/3 admeasuring area 0.049, 0.113, 0.093, 0.109 (Serial No. 31 of compensation chart). • the petitioner No. 10 is the owner of land bearing Khasra No. 277/1 admeasuring area 0.036 (Serial No. 74 of compensation chart). • the petitioner No. 11 is the owner of land bearing Khasra No. 323/2 347/2 admeasuring area 0.016, 0.016 hectare (Serial No. 76 of compensation chart). • the petitioner No. 12 is the owner of land bearing Khasra No. 334/1 359/6Da admeasuring area 0.024, 0.045 hectare (Serial No. 39 of compensation chart). • the petitioner No. 13 is the owner of land bearing Khasra No. 410/3Tha, 410/4Tra admeasuring area 0.028, 0.032 (Serial No. 66 of compensation chart). • the petitioner No. 14 is the owner of land bearing Khasra No. 276/3, 330/3, 410/4Dha, 426/2 admeasuring area 0.020, 0.040, 0.032, 0.012 hectare (Serial No. 19 of 6 compensation chart). • the petitioner No. 15 is the owner of land bearing Khasra No. 359/6kha, 410/4Da admeasuring area 0.008, 0.032 hectare (Serial No. 25 of compensation chart). • the petitioner No. 16 is the owner of land bearing Khasra No. 325/1, 338/1, 410/4Cha admeasuring area 0.024, 0.020, 0.032 hectare (Serial No. 80 of compensation chart). • the petitioner No. 17 is the owner of land bearing Khasra No. 317/2 admeasuring area 0.097 hectare (Serial No. 59 of compensation chart). • the petitioner No. 18 is the owner of land bearing Khasra No. 359/2, 359/8 admeasuring area 0.243, 0.081 hectare (Serial No. 72 of compensation chart). • the petitioner No. 19 is the owner of land bearing Khasra No. 359/12ka admeasuring area 0.040 hectare (Serial No. 20 of compensation chart). • the petitioner No. 20 is the owner of land bearing Khasra No. 334/3, 359/12ga admeasuring area 0.024, 0.040 (Serial No. 88 of compensation chart). According to the petitioners, their lands have been acquired for construction of Saradih Bairag over Mahanadi, in Land Acquisition Case No. 27-A- 82/2012-13 and award dated 31-3-2017 has been passed by respondent No. 3, but petitioners are aggrieved from the amount of compensation determined by respondent No. 3, therefore, they have not received compensation amount yet. He further submits that, for redressal of their grievance, petitioners have filed application (Annexure P-1) dated 4-10-2024 under Section 73 of the Act of 2013, before respondent No. 3, but the same has not
Decision
been considered and decided yet, therefore, this petition may be disposed of directing respondent No.3 to decide their representation Annexure P-1. 7 4. Learned Panel Lawyer appearing for the State submits that he has no objection to allow the limited prayer made by the learned counsel for the petitioners. 5. Heard learned counsel for both the parties and perused the material available on record. 6. Having heard learned counsel for the parties and having regard to the facts of the case, particularly considering the limited prayer made by learned counsel for the petitioners, this petition is disposed of directing respondent No. 3/Land Acquisition Officer-Cum-Sub Divisional Officer (Revenue), Dabhara, Distt. Sakti (CG) to decide the representation/application (Annexure P-1) filed by the petitioners under Section 73 of the Act of 2013 expeditiously, preferably within a period of 4 months from the date of receipt / submission of copy of this order, in accordance with law, taking into consideration the judgment dated 3-10-2024 passed by learned Division Bench of this Court in FAM No. 1/2023 [State of Chhattisgarh Vs. (Died), Smt. Padum Kunwar and others] and other connected matters. 7. This petition is accordingly disposed of at motion stage Jyoti Sd/- (Bibhu Datta Guru) JUDGE