Ram Kumar Kedia v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP C No.

1 1 Ram Kumar Kedia, S/o Gajanand Kedia, Aged about 38 years, GramTarod, Tehsil: Akaltara, PO : Akaltara, Distt. Janjgir-Champa (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh, Through the Secretary, Department of Industries, D.K.S. Bhawan, Mantalaya, Raipur (C.G.)

2. Managing Director, Chhattisgarh State Industrial Development Corporation, Jeevan Bima Parisar, Pandri, Raipur (C.G.)

3. Director, Directorate of Industries, Second Floor, Life Insurance Corporation Commercial Premises, Raipur

4. Convener, State Investment Promotion Board, Govt. of Chhattisgarh, Renuka Dwar, D.K.S. Bhawan, Raipur, Mantralaya (C.G.)

5. Collector, Janjgir, Distt. Janjgir- Champa (C.G.)

6. Land Acquisition Officer-cum-Sub Divisional Officer, Janjgir, Distt. Janjgir-Champa (C.G.)

7. General Manager, District Industry and trade Centre, Janjgir, Distt. Janjgir-Champa (C.G.)

8. Union of India, Through the Secretary, Minstry of Environment and Forest, Shastri Bhavan, New Delhi.

9. Regional Officer, Environment Conservation Board, Near Deendayal Park, Vyapar Vihar, Bilaspur (C.G.) 10.

M/s Wardha Power Plant Ltd., Akaltara, A Joint Venture of M/s K.S.K. Energy Ventures Private Ltd., 431/A, Road No. 22, Jubilee Hills, Hyderabad (A.P.), Pin-500033 ---- Respondents For Petitioner : Shri Sanjay Kumar Agrawal, Advocate.

For State : Shri Ratan Pusty, Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 0 5 /01/2018

(1) Learned counsel appearing for the petitioner would submit that the petitioner may be permitted to make an application for withdrawal of amount of compensation along with interest before the Land Acquisition Officer-cumSub Divisional Officer, Janjgir, District Janjgir-Champa (C.G.) and the same is directed to be decided expeditioulsy. He relied upon judgment of the Supreme Court in the matter of Ivo Agnelo Santimano Fernandes and others Vs. State of Goa and another1 in support of his case. (2) Learned counsel for the State would submit that the petitioner may be granted liberty to make an application for withdrawal of compensation along with interest before the Land Acquisition Officer-Cum- Sub Divisional Officer, Janjgir, District Janjgir-Champa, which will be considered and decided strictly in accordance with law.

(3) I have heard learned counsel appearing for the parties. (4) Be that as it may, the petitioner is at liberty to make an application before the respondent No. 6- Land Acquisition Officer for withdrawal of compensation along with interest within a period of 15 days from today and on being application being made, the same shall be considered and decided in accordance with law expeditiously prefernabley within a period of 30 days from the date of its receipt.

(5) With the aforesaid observations, the writ petition stands finally disposed of. However, the petitioner is at liberty to file fresh petition, if cause of cause of survives after decision on the application. Sd/- (Sanjay K. Agrawal) Judge (2011) 11 SCC 506