Firtu v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1408 of 2019 Firtu S/o Govind Ram Rathore Aged About 75 Years R/o Bhurkdih, Police Station Baradwar, Tahsil Champa, Distirict Janjgir Champa Chhattisgarh., ---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya Mahanadi Bhawan, New Raipur Chhattisgarh.
2. Secretary Public Works Departmkent, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh
3. Executive Engineer Public Works Department, Champa Division, District Janjgir Champa Chhattisgarh.
4. Collector (Land Acquisition ) District Janjgir Champa Chhattisgarh.,
5. Sub Divisional Officer (Revenue) Champa District Janjgir Champa Chhattisgarh
6. Thasildar Champa District Janjgir Champoa Chhattisgah, District : JanjgirChampa, Chhattisgarh ---- Respondents ------------------------------------------------------------------------------------------------------------------- For Petitioners :
Mr. Govind Dewangan, Advocate For State :
Mr. Sumit Singh, Panel Lawyer ------------------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 12.04.2019
1. The petitioner's land situated at Village Bhurkadih, Tehsil Champa, District Janjgir Champa (C.G.) has been acquired for construction/ widening of the road between Nagarda to Baradwar.
2. While assessing compensation payable to the petitioner, multiplier factor of 1 has been applied, whereas, the Division Bench of this Court in WPC No.1649 of 2017 ( Smt. Anita Agrawal Vs. State of Chhattisgarh and others ) and other connected petitions has set-aside the Notification dated 4.12.2014, applying multiplier factor of 1 with direction to the State Government to issue fresh Notification indicating the multiplier factors in
terms of the guidelines laid down in the statute and the judgment of the Division Bench.
3. The following has been held by the Division Bench in para 10, 11 & 12. "3(A).Further, the question is not about the power of the State Government to issue such notification, the question is the manner in which such power has been exercised which can also be levelled as mindless exercise of power since by restricting the multiplier of factor to 1.00, the State is obviously trying to treat all land owners as one. This will deny to the poor land owners of the remote villagers, fair compensation and rehabilitation, which is the primary object behind the new Land Acquisition Act of 2013. 3(B). Drawing analogy from the view taken by the Division Bench of Bombay High Court, which we have quoted with due approval, Court is left with no option but to strike down the notification dated 04.12.2014 contained in Annexure P/1.
A direction is issued that keeping in mind the legal position which emerges, the State Government will issue a fresh notification indicating the multiplier factors, in terms of the guidelines laid down in the statute and the judgment. 3(C).It goes without saying that all awards and compensations in relation to not only these Petitioners but all such persons whose lands have been acquired and a multiplier of 1.00 has been used for calculating the compensation, the same will be required to be revised and revisited in light of the new notification, which is required to be notified by the State Government, on priority." 4.
In view of the above, the present writ petition is disposed of with direction that the concerned Collector (Land Acquisition)- Respondent No.4 shall decide the petitioner's pending representation within 10 weeks from the date of the State Government's fresh Notification in terms of the directions issued by the Division Bench. In case, the earlier representation is not available on record, the petitioner may further file a fresh representation within a period of 4 weeks from today and thereafter the Collector shall decide the representation within the above said period of 10 weeks from the date of filing of representation. 5.
The writ petition stands disposed of.
Sd/- ( Goutam Bhaduri ) Judge Vishakha