High Court Of ChhattisgarhWPC/1338/2021disposed off

Radheyshyam, v. State Of Chhattisgarh

2021-03-05Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1338 of 2021 • Radheyshyam, S/o Ramchandra, Aged About 61 Years R/o Chandrapur, Tahsil Dabhra, District Janjgir Champa Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management Mahanadi Bhawan New Raipur District - Raipur Chhattisgarh

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

3. Sub - Divisional Officer (Revenue) Cum Land Acquisition Officer Dabhara District - Janjgir - Champa Chhattisgarh.

---- Respondents For Petitioner :

Shri Anuroop Panda, Advocate For Respondent/ State :

Ms. Richa Shukla, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 05.03.2021 Heard.

1. The relief as claimed by the petitioner is for appropriate direction for the application filed under Section 33 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 before the Respondent No. 3.

2. It is submitted that the award was passed on 22.11.2018 of Land acquisition proceedings and the application has been filed for enhancement of the compensation, therefore the petitioner approached the authority by moving the application on 24.12.2018 which has not been decided till date. He further submits that the Division Bench of this Court has laid down laws for the purpose of quantifying compensation, therefore the authority may be

directed to take into account the law laid down by this Court along with the other guidelines prevailing for quantifying the compensation.

3. Learned State counsel do not opposes the fact.

4. Considering the limited prayer the petition is disposed of with a direction to the Respondents No. 2 & 3 to decide the application of petitioner under Section 33 of the Act, 2013 keeping into the judgment laid down by the Court and the guidelines existing in this regard. The said application may be decided within a period of 90 days from the date of receipt of a copy of this order.

5. Accordingly, the petition stands disposed of. Sd/- (Goutam Bhaduri) Judge Jyoti