Shailendra Kumar Kesharwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 176 of 2017 • Shailendra Kumar Kesharwani S/o Late Chintaram Kesharwani; Aged About 52 Years R/o Village Gidhouri Tahsil Kasdol, Distt. Balodabazar Bhatapara (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through : Secretary, Revenue Department, Mahanadi Bhawan Mantralay New Raipur Chhattisgarh.

2. The Collector, Balodabazar, District Balodabazar Bhatapara Chhattisgarh.

3. The Sub Divisional OfÏcer (Rev.) Cum Lend Acquisition OfÏcer, Kasdol, District Balodabazar-Bhatapara (Chhattisgarh) ---- Respondent For Petitioners Mr. Vineet Kumar Pandey, Advocate For Respondent /State Mr. A.S. Kachhwaha, Addl. Advocate General Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 25/1/2017

1. Heard.

2. The petitioner is challenging the inadequacy of compensation allowed in his favour in the award passed by the Land Acquisition OfÏcer, Kasdol, District Balodabazar Bhatapara.

3. The petitioner has an alternative remedy of moving an application for reference before the concerned Collector under Sections 64 and 65 of the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ( in short "the Act, 2013). On such application for reference being made by the petitioner, the Collector is enjoined to refer the matter to the authority constituted under Section 51 of the Act, 2013, for decision making.

4. Let the petitioner move before the concerned Collector within one month, who, in turn, shall refer the matter to the authority constituted under Section 51 of the Act, 2013 within next one month.

5. The writ petition is accordingly disposed of. Sd/- Judge (Prashant Kumar Mishra) Shyna