The New Raipur Development Authority v. Shabbir Hussain And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.C.C. No.861 of 2014 The New Raipur Development Authority, Naya Raipur, Through its Chief Executive Officer, Raipur, Chhattisgarh.

---- Applicant

Versus

1.

Shabbir Hussain S/o Shri Taiyab Ali, aged about 59 years, Proprietor of M/s. Taiyab Bhai Badruddin, Resident of Saddani Chowk, Raipur, Chhattisgarh. 2.

State of Chhattisgarh, Through Secretary, Department of Revenue, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur, Chhattisgarh. 3.

Collector, Raipur, Chhattisgarh.

4.

Sub Divisional officer / Land Acquisition Officer, Aarang, Abhanpur, District Raipur Chhattisgarh.

---- Respondents For Applicant : Shri Praveen Das, Advocate.

For Non-Applicant No. 1 : Ms. Sudha Bhardwaj, Advocate.

For Non-Applicant No. 2 to 4 : Shri Roshan Dubey, Panel Lawyer.

Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri P. Sam Koshy, J.

Order on Board Per Navin Sinha, Chief Justice 04/05/2015 1.

Heard Learned Counsel for the Applicant and Respondent No. 1. 2.

This application has been filed for modification of the order dated 2.4.2013 in Writ Petition (C) No. 1124 of 2012. 3.

Learned Counsel for the Applicant with reference to paragraph 3 of the order submits that in view of the private negotiations having failed, it may be modified granting the Applicant liberty to proceed for acquisition proceedings in accordance with law as otherwise the order may be interpreted as a complete interdict for land acquisition proceedings.

4.

Learned Counsel for the Respondent No.1 does not oppose the application.

5.

In view of subsequent development, private negotiations having failed and without going into merits, the order dated 2.4.2013 is modified that the statutory power of the authorities to proceed for acquisition of the land in accordance with law remains unhindered.

6.

The application is disposed.

Sd/- Sd/- (Navin Sinha) (P.Sam Koshy) CHIEF JUSTICE JUDGE Amit