Jay Devi Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1367 of 2019 Jay Devi Sahu W/o Indrabali Sahu Aged About 40 Years R/o Sanjay Nagar, Korba , District Korba Chhattisarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Urban Administration And Development Department, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh.

2. Municipal Corporation Korba Saket Bhawan, ITI Rampur, Korba, District - Korba Chhattisgarh.

---- Respondents For Petitioner :

Shri Sanjay Patel, Advocate For Respondent/State :

Shri Anmol Sharma, P. L.

For Respondent No.2 : Shri B. D. Guru, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 10/04/2019

1. Heard.

2. Learned counsel for the petitioner submits that the Municipal Corporation would acquire the land of the petitioner for constructing the road, therefore, the Municipal Corporation may be directed to acquire the land as per the law and thereafter may construct the road.

3. Learned counsel for the Municipal Corporation would submit that as per the instructions received, the land of the petitioner do not fall within

the layout of the road. It is further submitted that if the land falls within the layout, in such case, the Municipal Corporation shall resort to the land acquisition proceeding.

4. In view of the submission made before this Court, the demarcation of the land of the petitioner qua the layout of road whether it through or over the land of the petitioner may be carried out. If any portion of the land is enveloped for construction of road, the Municipal Corporation shall resort to land acquisition proceeding under the right to fair compensation and transparency in land acquisition, rehabilitation & resettlement Act, 2013.

5. With such observation the petition stands disposed of. Sd/- Goutam Bhaduri Judge Jyoti