High Court Of ChhattisgarhWPC/555/2016disposed off

Mohammed Shoukat v. State Of Chhattisgarh

2016-07-20Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 555 of 2016

1. Mohammed Shoukat S/o Kafeel (Kafil) Ahmed Khan, Aged About 21 Years R/o Modhapara, Thana Modhapara, District Raipur (Chhattisgarh)

2. Mohammad Faizan, S/o Kafil Ahmed Khan, Aged About 23 Years R/o Modhapara, Thana Modhapara, District Raipur (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Public Works Department, Mantralaya, Mahanadi Bhawan, Naya Raipur (Chhattisgarh)

2. Project Director, National Highways Authority Of India, Project Implementation Unit, Shankar Nagar, Raipur, District Raipur (Chhattisgarh)

3. Sub Divisional Officer (Revenue) And Land Acquisition Officer, Raipur (Chhattisgarh)

4. Patwari Of Halka No. 73/14, Mandir Hasaud, Raipur, District Raipur (Chhattisgarh) ---- Respondent For Petitioners : Shri Ajay Mishra, Advocate.

For Respondent/State : Shri Ramakant Mishra, Deputy AG. For Respondent No.2 : Smt. Fouzia Mirza, Advocate. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 20/07/2016

1. In this petition under Article 226 of the Constitution of India, the petitioners have prayed for a direction to the respondents to grant

adequate compensation for acquisition of their land bearing Khasra No.220/7 and 220/8 situated at Mandir Hasaud, PH No.73/14, Tehsil Arang, District Raipur which has been used for construction of NH-6.

2. On 11.3.2016, this Court has observed that as per the SDO(R)/Land Acquisition Officer, Raipur's memo dated 29.6.2013, land of the petitioners has been acquired for construction/widening of NH-6, however, till date compensation has not been paid. On 30.3.2016, learned counsel for respondent No.2 informed the Court that the matter is under active consideration and if the land of the petitioners is found to have been used for the purpose of construction, the petitioners would be entitled to proper compensation.

3. Considering the report of SDO(R) cum Land Acquisition Officer, Raipur, the Writ Petition is disposed of with a direction to respondents 2 & 3 to examine the issue in consultation with concessionaire and if the petitioners' land is found to have been used for construction/widening of NH-6, process for determination of compensation be initiated within a period of one month from today and thereafter entire process be completed within next 3 months.

Sd/- Judge (Prashant Kumar Mishra) Barve