Alakh Ram Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 316 of 2019 • Alakh Ram Sahu S/o Late Shri Latel Ram Sahu Aged About 68 Years D/10, Anand Vihar, Anand Nagar, Telibandha Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Ministry Of Revenue, Through Its Secretary Mahanadi Bhawan, Naya Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. New Raipur Development Authority Through Its Chief Executive Officer Nrda, Govin Sarang Parishar, 2nd Floor, New Rajendra Nagar Sector-7, Raipur District- Raipur Chhattisgarh.

3. Sub Divisional Officer Cum Land Acquisition Officer Principal Personal Officer Aarang, Abhanpur District-Raipur Chhattisgarh.

4. Tahsildar Tahsil Aarang, Mandir Hasud District-Raipur Chhattisgarh. ---- Respondents For Petitioner :

Shri Rakesh Dubey, Advocate For Respondent-State :

Shri Rajesh Singh, Dy. GA For Respondent No.2 :

Shri Anumeh Shrivastava, Advocate Order On Board By Hon'ble Mr. Justice Prashant Kumar Mishra 04/02/2019

1. It appears, the land acquisition award has been passed in petitioner's favour way back on 14.12.2015 and a part of

compensation has already been paid to the petitioner. The remaining compensation could not be paid on account of discrepancy in the revenue record relating to Bandobast Entry. It is highlighted that at that point of time, the Land Acquisition Officer passed an order that after the revenue record is corrected, the remaining compensation shall be disbursed in accordance with the corrected entry. It is further putforth that despite the revenue entries being corrected, the remaining payment is not made for substantially a long period.

2. Considering the nature of dispute brought before this Court, the writ petition is disposed of with direction to the SDO-cum-Land Acquisition Officer, Aarang-Abhanpur, District Raipur to disburse the remaining compensation in favour of the petitioner, if there is no legal impediment in such disbursement. If the said Officer is of the opinion that petitioner is not entitled for the remaining compensation for any lawful reason, he shall pass a reasoned order in this regard. If it is found in future that non-disbursement of land acquisition compensation was wholly unjustified, this Court may direct payment of interest to the petitioner @ 18% per annum on the balance amount of compensation. Sd/- Prashant Kumar Mishra Judge Ankit