High Court Of ChhattisgarhWPC/958/2021disposed off

Anil Kumar Agrawal v. State Of Chhattisgarh

2021-02-22Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 958 of 2021

1. Anil Kumar Agrawal S/o Omprakash, Aged About 53 Years R/o Near Lal Tanki Raigarh, Tehsil and District Raigarh Chhattisgarh.

2. Shyamlal Agrawal, S/o Late Mahabeer Prasad, Aged About 41 Years R/o Near Lal Tanki Raigarh, Tehsil and District Raigarh Chhattisgarh. --- Petitioners

Versus

1. State of Chhattisgarh through Secretary Department of Revenue And Disaster Management Mahanadi Bhawan New Raipur District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

2. Collector Janjgir, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh

3. Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Dabhara District Janjgir Champa Chhattisgarh., District : JanjgirChampa, Chhattisgarh --- Respondents For the petitioners : Mr. Anuroop Panda, Advocate For the State : Ms. Shreya Mishra, Dy.Govt. Adv.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .02.2021

1. The relief(s) as claimed by the petitioners is for an appropriate direction on application filed u/s 33 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 before respondent No.3.

2. It is submitted that the award was passed on 22.11.2018 of Land Acquisition proceedings and the application has been filed for enhancement of the compensation, therefore, the petitioners approached the authority by moving the application on 24.12.2018 which has not been decided till date. He further submits that the Division Bench of this

Court has laid down law for the purpose of quantifying compensation, therefore, the authority may be directed to take into account the law laid down by this Court along with other guidelines prevailing for quantifying the compensation.

3. Learned State Counsel do not oppose the fact.

4. Considering the limited prayer, the petition is disposed of with a direction to Respondents 2 & 3 to decide the application of the petitioners under Section 33 of the Act, 2013 taking into consideration the judgment laid down by the Court and the guidelines existing in this record. The said application may be decided within a period of 90 days from the date of receipt of a copy of this order.

5. Accordingly, the petition stands disposed of. Sd/- GOUTAM BHADURI JUDGE R a o