Umashankar Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) NO. 1068 OF 2020 Umashankar Sharma, S/o Shriram Sharma, aged about 73 years, R/o VillageRahangi, Tahsil- Bilha, District Bilaspur (CG) ... Petitioner versus 1.

State of Chhattisgarh, through the Secretary, Department of Revenue and Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District Raipur (CG) 2.

The Collector and Land Acquisition Officer, District Bilaspur (CG) 3.

The Sub Divisional Officer (Revenue), Bilaspur, District Bilaspur (CG) ... Respondents For Petitioner :

Mr. K.K. Pandey, Advocate.

For Respondents :

Mr. V.R. Tiwari, Addl. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board /05/2020 1.

Grievance of the Petitioner or the relief which he has sought for in the present Writ Petition is for grant of compensation to him so far as the portion of land which fell in his share in respect of the land belonging to his family which was acquired in the year 2011-12.

2.

Contention of the learned Counsel for the Petitioner is that the Petitioner is a joint owner of the property bearing Khasra No. 1180/1 situated at Village Rahangi, Tahsil Bilha, District Bilaspur. According to the learned Counsel for the Petitioner, the said land has been acquired by the Respondents in the year 201112. The authorities have also quantified the compensation which is only to be apportioned by the authorities and the amount of compensation payable to the Petitioner so far as the land which falls to his share has to be released and for which he has already moved to Respondent No.2 by way of an application which till date has not been decided.

3.

Learned Additional Advocate General also does not oppose if the present Writ Petition is disposed of directing the Respondent No.2 to take appropriate steps in accordance with the provisions of the Land Acquisition Act as also the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

4.

In view of the aforesaid submission by the learned Counsels appearing for the respective parties, the present Writ Petition is being disposed of directing the Respondent No.2 to decide the application of the Petitioner and, if required, may refer it to the concerned authorities for apportionment of the compensation so far as what falls to the share of the Petitioner. 5.

The Writ Petition accordingly stands disposed of with the above direction. Sd/- (P. Sam Koshy) /sharad/ JUDGE