Lakharam Karsh v. State Of Chhattisgarh,

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2079 of 2021 • Lakharam Karsh S/o Late Shri Rama Karsh, Aged About 42 Years R/o Village Nagjhar, Tehsil Malkharuda, District - Janjgir Champa Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh, Through - The Secretary, Water Resource Depaartment, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh.

2. Collector, District Janjgir Champa Chhattisgarh.

3. Land Acquisition Officer / Sub Divisional Officer, Sakti District Janjgir Champa Chhattisgarh.

4. Executive Engineer, Minimata Baango Nahar Division -4, Dabhra, District Janjgir - Champa Chhattisgarh.

---- Respondents ---------------------------------------------------------------------------------------------------------------- For Petitioner :

Shri Ajay Kumrani, Advocate For Respondent/ State :

Shri Gagan Tiwari, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 10.06.2021 Heard

1. Learned counsel for the petitioner would submit that the land which was in the name of father of the petitioner ( Rama son of Nathu Dhobi) bearing Khasra No. 330/2 admeasuring area 0.024 hect was acquired for construction of Dam. He further submits that despite the fact that compensation was awarded in the year 2003, amount was not paid. It is submitted that subsequently father of petitioner died in the year 2018. He further submits that during the life time of his father, the petitioner made several representation but the

amount was not paid. Therefore, as of now the petitioner has made a representation to Respondent No. 2 & 3, however till date the amount has not been paid.

2. Perused the documents.

3. Perusal of the documents would show that the award was passed in the year 2003 whereby the land bearing khasra No. 330/2 admeasuring 0.024 hectare at Village Nagjhar was acquired. In respect of khasra No. 330/2 name of Rama son of Nathu Dhobi was recorded as per the records of award . As has been submitted that during the life time of the land holder, the amount was not paid to the land holder (Rama), who died in 2018, therefore Lakharam Karsh one of the son ( petitioner herein) has made the representation. It is unfortunate state of affair that despite the award has been passed, amount has not been paid till date. The bunch of documents would show that the petitioner, one of the son of Rama has made the representation right from 2011- 2018 and so on. Considering the facts of the case, it is directed that the petitioner shall make a fresh representation to the Collector (Respondent No.

2) and if such representation is filed the Collector shall examine the records and thereafter shall disburse the amount to the entitled legal heirs of late Rama son of Nathu Dhobi forthwith within a period of 90 days from the date of receipt of a copy of the representation.

4. With the aforesaid observation, the petition stands disposed off. Sd/- (Goutam Bhaduri) Jyoti Judge