Bhupendra Singh Thakur v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 286 of 2019 Bhupendra Singh Thakur S/o Late Shri Khuman Singh Thakur Aged About 76 Years R/o Ward No. 8, Tahsil Khairagarh, District Rajnandgaon Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Public Works Department, Atal Nagar, Mahanadi Bhavan, Naya Raipur, District Raipur Chhattisgarh.

2. Secretary State Of Chhattisgarh, Urban Administrative Department, Mahanadi Bhavan, Naya Raipur, District Raipur Chhattisgarh.

3. Collector Rajnandgaon, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

4. Chief Municipal Officer Nagar Palika Parishad, Khairagarh, District Rajnandgaon Chhattisgarh.

5. Sub Divisional Officer (Revnue) Khairagarh, District Rajnandgaon Chhattisgarh.

6. Tahsiladar Khairagarh, District : Rajnandgaon, Chhattisgarh. ---- Respondents ------------------------------------------------------------------------------------------- For Petitioner :

Shri Roop Naik, Advocate.

For Respondents/State :

Shri Rajesh Singh, Dy. G.A.

------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 30.01.2019 1.

Heard.

2.

It is contended by learned counsel for the petitioner that petitioner's land has been acquired by the Muncipal Council, Khairagarh for widening of road and a part of the construction belonging to the petitioner was demolished. However, the compensation has not been paid to the petitioner. In the case of Raju Agrawal Vs. State of Chhattisgarh and Others in W.P.C. No.770/2018, decided on 12.09.2018, a statement was made that the compensation was paid to said Raju Agrawal. Therefore, the petitioner is also entitled to similar treatment in respect of payment of compensation for acquisition of his land for widening of road by the Muncipal Council, Khairagarh.

3.

Learned counsel for the petitioner submits in that similar nature the different WPCs including WPC No. 2771/2018, the order have been passed.

4.

Perused the order passed by this Court in WPC No. 2771/2018 dated 08.10.2018.

5.

Considering the similar nature in the present case, let the petitioner move representation before the Collector, Rajnandgaon with a copy to the Chief Municipal Officer, Municipal Council, Khairagarh for payment of compensation on account of acquisition of his land for widening of road. On such representation being made, the Collector, Rajnandgaon shall decide the representation in consultation with the CMO, Municipal Council, Khairagarh within a period of eight weeks from the date of submission of such representation. If the petitioner's case is found to be similar to the case of Raju Agrawal (supra), the petitioner shall also be entitled to compensation in accordance with law.

6.

The writ petition is accordingly disposed of. SD/- (Goutam Bhaduri) Judge Priyanka