Dilan Prasad v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3183 of 2016 • Sumar Sai S/o Jairam Gond Aged About 56 Years R/o Village Salka P. S. & Tahsil Premnagar Distt. Surajpur (Chhattisgarh)
Versus
1. State of Chhattisgarh Through The Secretary, Department Of Revenue Mahanadi Bhawan New Raipur, District Raipur (Chhattisgarh)
2. The Collector, Surajpur, District Surajpur (Chhattisgarh)
3. The Land Acquisition Officer Tap Vidyut Pariyojana Premnagar Head Office Surajpur Distt. Surajpur (Chhattisgarh)
4. The Effeco Power Company Limited Branch Office Manendragarh Road Ambikapur, Distt. Surguja (Chhattisgarh) ---- Respondents And WPC No. 3204 Of 2016 • Dilan Prasad S/o Shiv Prasad, Aged About 50 Years R/o Village Salka P. S. & Tahsil Premnagar Distt. Surajpur (Chhattisgarh)
1. State of Chhattisgarh Through The Secretary, Department Of Revenue Mahanadi Bhawan, New Raipur Distt. Raipur (Chhattisgarh)
2. The Collector, Surajpur, District Surajpur (Chhattisgarh)
3. The Sub Divisional Officer, Premnagar, District Surajpur (Chhattisgarh)
4. The Tahsildar, Premnagar, Tahsil Premnagar District Surajpur (Chhattisgarh)
5. The Land Acquisition Officer Tap Vidyut Pariyojana Premnagar Head Office Ambikapur Distt. Surguja (Chhattisgarh)
6. The Effeco Power Company Limited Branch Office Manendragarh Road Ambikapur, Distt. Surguja (Chhattisgarh) ---- Respondents
And WPC No. 3208 Of 2016 • Vinay Kumar Jaiswal S/o Nandlal, Aged About 52 Years R/o Village Salka, P.S. & Tahsil Premnagar, District Surajpur Chhattisgarh
1. State of Chhattisgarh Through The Secretary, Department Of Revenue Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh
2. The Collector, Surajpur, District Surajpur, (Chhattisgarh).
3. The Land Acquisition Officer, Tap Vidyut Pariyojana Premnagar Head Office Surajpur, District Surajpur Chhattisarh
4. The Effeco Power Company Limited, Branch Office Manendragarh Road, Ambikapur, District Surguja Chhattisgarh ---- Respondents And WPC No. 3187 Of 2016 • Keshav Ram Sahu S/o Ramsubhag, Aged About 23 Years R/o Village Salka, P.S. & Tahsil Premnagar, District Surajpur Chhattisgarh
1. State Of Chhattisgarh Through The Secretary, Department Of Revenue Mahanadi Bhawan New Raipur, Distirct Raipur Chhattisgarh
2. The Collector, Surajpur, District Surajpur, (Chhattisgarh).
3. The Land Acquisition Officer, Tap Vidyut Pariyojana Premnagar Head Office Surajpur, Distirct Surajpur, Chhattisgarh
4. The Effeco Power Company Limited, Branch Office Manendragarh Road, Ambikapur, Distirct Surguja Chhattisgarh ---- Respondent And WPC No. 3188 Of 2016 • Ajay Kumar Singh S/o Hira Singh Aged About 38 Years R/o Village- Salka, P.S. & Tahsil- Premnagar, District- Surajpur, Chhattisgarh
1. State Of Chhattisgarh Through- The Secretary, Department Of Revenue Mahanadi Bhawan, New Raipur, District- Raipur, Chhattisgarh
2. The Collector, Surajpur, District- Surajpur, Chhattisgarh
3. The Land Acquisition Officer, Tap Vidyut Pariyojana Premnagar Head Office Surajpur, Distirct Surajpur, Chhattisgarh
4. The Effeco Power Company Limited, Branch Office Manendragarh Raod, Ambikapur, District- Surguja, Chhattisgarh ---- Respondent For Petitioners :
Shri AN Pandey, Advocate For Respondents-State :
Shri Prafull N. Bharat, Addl. AG for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 22/12/2016
1. In these writ petitions, the petitioners have prayed for a direction to the respondents particularly the respondent Land Acquisition Officer Tap Vidyut Pariyojana Premnagar to disburse the increased amount of compensation within stipulated time.
2. Facts of the case, briefly state, are that for establishment of a 1000 MW Thermal Power Plant at Prem Nagar/Bhaiyathan, lands belonging to the petitioners were acquired and compensation was paid under the Land Acquisition Act, 1894, however, the Chhattisgarh Modern Rehabilitation Policy, 2007 (for short 'the Policy, 2007') of the State Government was modified wherein the land holders were held entitled for increased amount of compensation. Modified policy was notified in the official gazette on 19.03.2010, however, the petitioners have not been paid the increased
amount under the Policy, 2007 although the same has already been calculated on 26.11.2011.
3. Considering the fact that there is no dispute about petitioners' entitlement of the increased amount, the writ petitions are disposed of with direction that in the event, the petitioners prefer representations before respondents-The Collector, Surajpur, District Surajpur and The Land Acquisition Officer Tap Vidyut Pariyojana Premnagar within a period of three weeks from today, the said respondents shall decide the representations and pay the increased amount of compensation to the petitioners within a period of six weeks thereafter. The petitioners may also pray for award of interest on the amount and the Collector shall consider the said prayer, however, if no orders are passed by the Collector, Surajpur, the petitioners would be at liberty to move again before this Court.
Sd/- Judge Prashant Kumar Mishra Ashu