Shri Kamal Kumar Gajabiye And ORS. v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (PIL) No. 4606 of 2007

1. Shri Kamal Kumar Gajabiye, aged about 36 years, S/o Paras Ram Gajabiye, village Kumli, Lohandiguda Block, Tehsil Jagdalpur, District Bastar.

2. Ramesh Sharma S/o. Late R.P.Sharma, Ekta Parishad, At Post - Tilda, Neora, Raipur.

3. Hidmo Ram Mandavi S/o. Kosa Ram Mandavi, Sarpanch, Village Takraguda, Lohandiguda, Lohandiguda Block, Tehsil. Jagdalpur, District. Bastar.

4. Bhagirathi Bhardwaj S/o.Sadasingh Bhardwaj, Sarpanch Village Badanzi, Lohandiguda Block, Tehsil. Jagdlapur, District. Bastar

5. Somar Ram Mandavi S/o. Deva Ram Mandavi, Sarpanch Sirisguda, Block Tokapal, District Bastar, (C.G).

6. Shri Ram Kashyap S/o. Chamru Ram Kashyap, Sarpanch ,village Dhuragaon, Lohandiguda Block , Tehsil. Jagdalpur, District. Bastar (C.G)

7. Dharmuram Maurya S/o. Massuram Maurya, Sarpanch Village Bellur Lohandiguda Block, Tehsil Jagdalpur, District. Bastar. ---- Petitioners

Versus

1. State Of Chhattisgarh through Chief Secretary, Mantralaya, D.K.S. Bhawan, Raipur (C.G.)

2. Collector Bastar, District Chhattisgarh.

3. Union Of India Through Secretary Ministry Of Tribal Affairs, Shastri Bhawan, New Delhi- 1100 01.

---- Respondents For Appellant :

None For State :

Mr. P.N. Bharat, Additional Advocate General For UOI :

Mr. N.K. Vyas, Assistant Solicitor General

Hon'ble Shri Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri Sharad Kumar Gupta, Judge Order On Board Per Thottathil B. Radhakrishnan, Chief Justice 31.07.2017

1. This Writ Petition is filed, stated to be in public interest, seeking that the land acquisition proceedings initiated for setting up a steel plant in different villages namely Baliapal, Badeparoda, Dabpal, Barangi, Chhuragaon, Chhindgaon, Kumhli, Takraguda, Belar and Sirisguda be quashed and it be declared that the land in scheduled areas cannot be transferred for setting up private industrial unit without conforming to the provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996.

2. It is submitted by the learned Additional Advocate General and Assistant Solicitor General that the Writ Petition was filed in the wake of the proposal for establishment of certain steel plants and other industrial units and that with passage of time, those projects have been dropped and the persons or the institutions which came forward to promote such projects have backed out. We record this submission. Under such circumstances, we close this Writ Petition leaving open all contentions.

Sd/- Sd/- (Thottathil B. Radhakrishnan) (Sharad Kumar Gupta) Chief Justice Judge Kishore