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High Court Of ChhattisgarhWPC/404/2018disposed off

Ajay Kumar Avinashi v. State Of Chhattisgarh

2018-02-15Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 404 of 2018 Ajay Kumar Avinashi, S/o Shri Samay Das Avinashi, Aged About 38 Years, R/o Village Dongakohraund, Tahsil Pamgarh, Civil And Revenue District Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Public Works Department (B/R), Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

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

3. Land Acquisition Officer/Sub Divisional Officer, (Revenue), Pamgarh, District Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Respondents Writ Petition (C) No. 409 of 2018 Smt. Shanti Devi, W/o Shri Deendayal, aged about 52 years, R/o Village Dongakohraund, Tahsil Pamgarh, Civil and Revenue District Janjgir Champa (C.G.) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Public Works Department (B/R), Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

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

3. Land Acquisition Officer/Sub Divisional Officer, (Revenue), Pamgarh, District Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Respondents And Writ Petition (C) No. 410 of 2018 Balram Shrivas, S/o Shri Kusuram Shrivas, Aged about 51 years, R/o

Village Dongakohraund, Tahsil Pamgarh, Civil and Revenue District Janjgir Champa (C.G.) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Public Works Department (B/R), Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

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

3. Land Acquisition Officer/Sub Divisional Officer, (Revenue), Pamgarh, District Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Respondents For Petitioners :

Mr. Ajay Shrivastava, Advocate.

For Respondents/State :

Mr. B. Gopa Kumar, Dy. Advocate General.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 15/02/18 1.

Since common question of law and fact is involved in these batch of writ petitions, they are heard together and are being disposed of by this common order.

2.

Learned counsel appearing for the petitioners would submit that on the petitioners' land, road is being constructed by the respondent authorities, but the compensation has not been paid to them.

3.

Learned counsel for the State would submit that existing road is being reconstructed and no widening is being made by the respondent authorities. 4.

I have heard learned counsel appearing for the parties and considered their rival submissions made herein above and also gone through the record with utmost circumspection.

5.

Be that as it may, the petitioners' are at liberty to make representation

to the Collector for grant of compensation, which shall be considered by the Collector strictly in accordance with law. If the measurement is required to be made, the same shall be made in presence of the petitioners and thereafter the Collector shall proceed in accordance with law after hearing the affected parties expeditiously preferably within a period of two months from the date of receipt of certified copy of this order.

6.

With the aforesaid observations, the writ petitions stand finally disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge Priyanka