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High Court Of ChhattisgarhWPC/929/2018disposed off

Prakash Shrivastav v. State Of Chhattisgarh

2018-04-06Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 928 of 2018 Shilpa Chopra W/o Yash Chopra, aged about 30 years, R/o Kirodimal Colony, Raigarh Tahsil and District Raigarh (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh, through the Secretary, Department of Revenue & Disaster Management, Mahanadi Bhawan, Mantralaya, Thana Naya Raipur, Tah. & Distt. Raipur [C.G.]

2. The Collector and Officiating Deputy Secretary of State of Chhattisgarh, Collectorate District of Raigarh, Thana, Tahsil & Distt. Raigarh (C.G.)

3. Sub Divisional Officer [Revenue-cum-Land Acquisition Officer, Raigarh, Tahsil and District Raigarh [C.G.]

4. The Tahsildar, Tahsil of Pusore, Office of Tahsildar, Thana Pusor, Tahsil Pusor, Distt. Raigarh [C.G.]

5. General Manager, National Thermal Power Corporation Limited, Talaipali [Coal Mining Project : Railway Line] Thana Gharbhoda, Tahsil & District Raigarh [C.G.]

6. Shushil kumar Agrawal S/o Late Nathulal Agrawal R/o Subhash Chowk, Raigarh, Tahsil and District Raigarh (C.G.) ---- Respondents And Writ Petition (C) No. 929 of 2018

1. Prakash Shrivastava, S/o Mohan Lal, aged about 37 years, Caste - Kayastha, R/o Chakradharnagar, Tahsil Raigarh, District Raigarh (C.G.)

2. Hemlata Shrivastava, S/o Mohan Lal, aged about 28 years, Caste - Kayastha, R/o Chakradharnagar, Tahsil Raigarh, District Raigarh (C.G.) ---- Petitioners

Versus

1. State of Chhattisgarh, through the Secretary, Department of Revenue & Disaster Management, Mahanadi Bhawan, Mantralaya, Thana Naya Raipur, Tah. & Distt. Raipur [C.G.]

2. The Collector and Officiating Deputy Secretary of State of Chhattisgarh, Collectorate District of Raigarh, Thana, Tahsil & Distt. Raigarh (C.G.)

3. Sub Divisional Officer [Revenue-cum-Land Acquisition Officer, Raigarh, Tahsil and District Raigarh [C.G.]

4. The Tahsildar, Tahsil of Pusore, Office of Tahsildar, Thana Pusor, Tahsil Pusor, Distt. Raigarh [C.G.]

5. General Manager, National Thermal Power Corporation Limited, Talaipali [Coal Mining Project : Railway Line] Thana Gharbhoda, Tahsil & District Raigarh [C.G.]

6. Girija Bai, Wd/o Krishnalal, aged about 65 years, Caste Kayastha, R/o village Bhikarimal, Tahsil and District Raigarh (C.G.) ---- Respondents For Petitioners :

Mr. N. K. Malviya, Advocate.

For Respondent / State :

Mr. R. N. Pusty, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 06/04/18 1.

Learned counsel for the petitioners would submit that the petitioners may be permitted to make representation before the Collector under Section 33 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (henceforth 'Act, 2013') for grant of compensation and rehabilitation and the same may be directed to be decided expeditiously.

2.

Prayer appears to be fair and reasonable and accordingly the same is allowed.

3.

Be that as it may, the petitioners are at liberty to make appropriate representation for grant of compensation & rehabilitation before the

Collector. In the eventuality of filing such a representation, the Collector shall consider and dispose of the same expeditiously in accordance with law preferably within a period of six weeks from the date of receipt of certified copy of this order after hearing the affected parties. 4.

With the aforesaid observations, the writ petitions stand finally disposed of.

Sd/- (Sanjay K. Agrawal) Judge Priyanka