Mohan Lal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1375 of 2021

1. Mohan Lal S/o Sarju Aged About 75 Years,

2. Chhabi Lal S/o Narayan Aged About 59 Years,

3. Nohar Das S/o Chhabilal Aged About 34 Years, All R/o Village- Riko, P.H. No. 21, Tahsil- Arang, District- Raipur, Chhattisgarh. ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Housing And Environment, Mahanadi Bhawan, New Mantralaya, Naya Raipur, Chhattisgarh.

2. District Collector Cum Officiating Dy. Secretary, Government Of Chhattisgarh, Collectorate, Raipur, Chhattisgarh.

3. Atal Nagar Development Authority (Old Naya Raipur Development Authority) Through Its Chief Executive Officer, New Rajendra Nagar, Infront Of Vijeta Complex, RDA Building Raipur, Chhattisgarh.

4. Land Acquisition Officer/Sub-Divisional Officer Tahsil Arang, Abhanpur, Civil And Revenue District- Raipur, Chhattisgarh.

---- Respondents For petitioners - Shri Varun Sharma, Advocate. For State/respondents No.1, 2 & 4 - Shri Gagan Tiwari, Dy.G.A. For respondent No.3 - Shri Umesh Verma, Advocate appears on behalf of Shri Sumesh Bajaj, Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order 13/04/2021 Heard.

1.

The grievance of the petitioners in the present writ petition is that their land were acquired which fall under the Revenue Circle Mandir Hasuad, Tehsil Aarang, District Raipur. It was acquired by the respondent No.4 for respondent No.3 and the award under the Land Acquisition Act was passed as early as on 31.12.2015 but till date the petitioners or their family members have not received any compensation against the said acquisition of the property. 2.

According to the petitioners, they should also be paid the interest on the said amount.

3.

Considering the fact that there is already an award passed on 31.12.2015, the writ petition at this juncture stands disposed of directing the respondent No.4 to ensure that compensation amount payable to the petitioners if it has not been released till now is released in accordance with law at the earliest preferably within a period of 60 days.

4.

As regards the claim of interest on the delayed payment of compensation, the petitioners would have to move an appropriate application before the respondent No.4, who, in turn, shall decide the same in accordance with law as to whether the petitioners would be entitled for interest or not, which would always be subject to challenge by the petitioners, if still aggrieved. 5.

The writ petition accordingly stands disposed of. Sd/- (Goutam Bhaduri) JUDGE gouri