High Court Of ChhattisgarhWPC/939/2021disposed off

Shyam Bai v. State Of Chhattisgarh

2021-02-19Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 939 of 2021 Shyam Bai W/o Shri Jhangluram Gond, D/o Late Sadhram Sidar Aged About 50 Years Resident Of Village- Keribandha, Tah. Sakti, Distt. Janjgir-Champa, Civil And Revenue Distt. Janjgir-Champa (Chhattisgarh). --- Petitioner

Versus

1. State of Chhattisgarh through Collector, Raigarh, Distt. Raigarh (Chhattisgarh),

2. The Sub Divisional Officer (R) Cum Land Acquisition Officer Raigarh, Distt. Raigarh (Chhattisgarh),

3. The Additional Commission Link Court Raigarh, Bilaspur Division, Distt. Bilaspur (Chhattisgarh).

4. The Tahsildar Raigarh, Distt. Raigarh (Chhattisgarh).

5. Damyanti Sidar W/o Late Rewalal Sidar R/o Village Amlibhauna, Tah. And Distt. Raigarh (Chhattisgarh). --- Respondents For the Petitioner : Mr.M.K. Sinha, Advocate For the State : Mrs. Astha Shukla, Dy.Govt. Adv.

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

1. The petitioner claims that the land in question was initially recorded in the name of Sadhram who died in the year 2002. Thereafter the petitioner being the daughter along-with her brother Rewa Dhan and wife of deceased namely Damayanti Sidar, who is respondent no.5 herein are the legal heirs. It is stated that the said land was acquired in the year 2019 and the petitioner being daughter has also claimed the compensation which has been awarded. The mutation proceedings are pending, therefore, the petitioner's name may be recorded in the revenue records as early as possible. Since the dispute has been raised to the apportionment of

compensation which has been awarded, the petitioner has to seek remedy u/s 76 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The order of mutation in the revenue record is only for the fiscal purpose and it cannot decide the title and apportionment of the property, therefore, the petitioner may avail appropriate remedy in accordance with law.

2. With the above observations, this writ petition stands disposed of.

Sd/- GOUTAM BHADURI JUDGE R a o