High Court Of ChhattisgarhWPC/165/2016withdrawn

Akdashia Sahu v. State Of Chhattisgarh

2016-01-22Hon'Ble Shri Justice Prashant Kumar Mishra4 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 164 of 2016

1. Ramkrishna Yadav S/o Shri Pardeshi, Aged About 56 Years .

2. Narayan S/o Shri Pardeshi, Aged About 52 Years .

3. Gopal, S/o Shri Pardeshi, Aged About 48 Years .

4. Parwati W/o Late Pardeshi, Aged About 70 Years .

5. Bahura Bai D/o Late Pardeshi, Aged About 43 Years . All R/o Marwa Tendu Bhata, Janjgir, Tehsil And Revenue District Janjgir Champa (Chhattisgarh).

---- Petitioners

Versus

1. State Of Chhattisgarh Through : The Secretary, Department Of Rehabilitation Mantralaya, Raipur (Chhattisgarh)

2. Superintending Engineer C.S.P.G.C.L. ( C.S.P.D.C.L.) (Chhattisgarh Rajya Vidhut Vitran Company Utpadan Company Maryadit Janjgir Champa), Power Project Marwa Tendu Bhatha, Janjgir, District Janjgir Champa.

3. Chief Engineer, C.S.P.G.C.L. (C.S.P.D.C.L.), Korba (Chhattisgarh)

4. Superintending Engineer, C.S.P.G.C.L. (C.S.P.D.C.L.), Korba (Chhattisgarh)

6. Sub Divisional Officer ( Revenue ) Janjgir, District Janjgir Champa

7. Tehsildar, Janjgir, District Janjgir Champa (Chhattisgarh) And WPC No. 165 Of 2016 • Akdashia Sahu S/o Shri Bhakoli, Aged About 55 Years R/o Lachhanpur, Janjgir, Tehsil And Revenue District - Janjgir (Chhattisgarh) ---- Petitioner Vs

1. State Of Chhattisgarh Through : The Secretary, Department Of Rehabilitation Mantralaya, Raipur (Chhattisgarh)

3. Chief Engineer, C.S.P.G.C.L. (C.S.P.D.C.L.), Korba (Chhattisgarh)

4. Superintending Engineer, C.S.P.G.C.L. (C.S.P.D.C.L.), Korba (Chhattisgarh)

6. Sub Divisional Officer ( Revenue ) Janjgir, District Janjgir Champa

7. Tehsildar, Janjgir, Tahsil And District Janjgir Champa (Chhattisgarh) And WPC No. 170 Of 2016

1. Smt. Urmila Bai Kewat W/o Late Shri Milaou Ram, Aged About 60 Years .

2. Gautam S/o Late Shri Milaou Ram Aged About 46 Years .

3. Rishi Kumar S/o Late Shri Milaou Ram Aged About 44 Years .

4. Shrawan S/o Late Shri Milaou Ram Aged About 43 Years .

5. Bhagwati Bai D/o Late Shri Milaou Ram, Aged About 40 Years .

6. Gomti Bai D/o Late Shri Milaou Ram, Aged About 35 Years . All R/o Marwa Tendu Bhatha, Janjgir, District Janjgir, Tehsil And Revenue District Janjgir Champa (Chhattisgarh) ---- Petitioners Vs

1. State Of Chhattisgarh Through : The Secretary, Department Of Rehabilitation Mantralaya Raipur (Chhattisgarh)

2. Superintending Engineer, C.S.P.G.C.L. (C.S.P.D.C.L.) (Chhattisgarh Rajya Vidhut Vitran Utpadan Company Maryadit Janjgir Champa), Power Project Marwa Tendu Bhatha, Janjgir, District Janjgir Champa (Chhattisgarh)

3. Chief Engineer, C.S.P.G.C.L. (C.S.P.D.C.L.), Korba (Chhattisgarh)

4. Superintending Engineer , C.S.P.G.C.L. (C.S.P.D.C.L.), Korba

6. Sub Divisional Officer ( Revenue ), Janjgir, District Janjgir Champa (Chhattisgarh).

7. Tehsildar, Janjgir, Tahsil And District Janjgir Champa (Chhattisgarh) For Petitioners :

Shri RK Jaiswal, Advocate For Respondents-State :

Shri Arun Sao, Dy. AG for the State For Respondent CSPDCL :

Shri KR Nair, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 22/01/2016

1. These writ petitions have been preferred by the holders of land, which has been acquired by the Land Acquisition Officer, Janjgir-Champa for construction of power generation plant and allied purposes for the benefit of Chhattisgarh State Power Generation Company Ltd. Petitioners are claiming disbursal of the award amount, its enhancement and for seeking employment under the rehabilitation policy.

2. For disbursal of the award amount, the petitioners are only required to move an application before the concerned Land Acquisition Officer. Similarly If they are not satisfied with the awarded amount, it always remains open for them to apply for demand of adequate compensation, in accordance with the Land Acquisition Act, 1894 (for short 'the Act, 1894') and to seek reference to the jurisdictional civil Court under Section 18 of the Act, 1894. The petitioners may also move an application for seeking benefit of the rehabilitation policy before appropriate authority.

3. In view of the above, learned counsel for the petitioners seeks permission of

the Court to move necessary application before the competent authority for release of the amount of compensation and/or enhancement of the amount of compensation as also to seek benefit of rehabilitation policy of the Government.

4. Accordingly, all the writ petitions are dismissed as withdrawn with the aforesaid liberty. If the petitioners applications are not decided, it will remain open for them to take recourse of such remedy, as is available to them in law.

Sd/- Judge Prashant Kumar Mishra ashu