Ram Narayan Sharma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1508 of 2019

1. Ram Narayan Sharma S/o Late Shri Banshi Lal Sharma Aged About 78 Years

2. Smt. Janki Devi W/o Shri Virendra Nath Shastri Aged About 75 Years

3. Laxmi Narayan Sharma S/o Late Shri Banshi Lal Sharma Aged About 70 Years

4. Bhuneshwar Sharma S/o Late Shri Banshi Lal Sharma Aged About 68 Years

5. Smt. Madhuri Mishra W/o Shri Ashwani Mishra Aged About 66 Years

6. Krishna Kumar Sharma S/o Late Shri Banshi Lal Sharma Aged About 64 Years

7. Smt. Anita Pandey W/o Shri Raj Kumar Pandey Aged About 62 Years All are R/o Village Amsena, P.O. Sakarra, Tahsil Takhatpur, District Bilaspur Chhattisgarh.

---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh.,

2. The Chief Engineer Public Works Department (National Highway Division), Raipur, District Raipur Chhattisgarh.

3. The Executive Engineer Public Works Department (National Highway Division), Bilaspur, District Bilaspur Chhattisgarh.

4. The Sub Divisional Officer (Revenue)/ Competent Authority (National Highway Division), Bilaspur, District Bilaspur Chhattisgarh

5. The Collector Bilaspur, District Bilaspur Chhattisgarh.

6. Union Of India Through The Secretary, Ministry Of Road Transport And Highways, New Delhi.

---- Respondents ------------------------------------------------------------------------------------------------------------------- For Petitioners :

Mr. Ritesh Verma, Advocate For State/ Respondents No.1 to 5 :

Mr. Sanjay Agrawal, G.A.

For Respondent No. 6 :

Mr. Rajkumar Gupta ------------------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 26.04.2019 Heard.

1. The petitioner's land situated at Village Amsena, P.H. No. 22, R.I.C. Sakri, tashil Takhatpur in district Bilaspur (C.G.) has been acquired for construction of National Highways ( Sakri - Pendridih Section )

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