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High Court Of ChhattisgarhWPC/2148/2015disposed off

Usha Devi v. State Of Chhattisgarh

2019-09-11Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2148 of 2015

1. Usha Devi D/o Sonwa, Aged About 55 Years R/o Village and Post Karhani, Tahsil and Police Station Marwahi, District Bilaspur Chhattisgarh, Chhattisgarh

2. Rameshwar S/o Phool Singh, Aged About 35 Years R/o Village And Post Karhani, Tahsil and Police Station Marwahi, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

3. Dashrath S/o Aadhari, Aged About 52 Years R/o Village And Post Karhani, Tahsil And Police Station Marwahi, District Bilaspur Chhattisgarh , District : Bilaspur, Chhattisgarh

4. Omkumari Kanti Bai D/o Umendra Singh, Aged About 48 Years R/o Village And Post Karhani, Tahsil And Police Station Marwahi, District Bilaspur Chhattisgarh , District : Bilaspur, Chhattisgarh

5. Mandal S/o Bhure Lal, Aged About 67 Years R/o Village And Post Karhani, Tahsil and Police Station Marwahi, District Bilaspur Chhattisgarh , District : Bilaspur, Chhattisgarh --- Petitioners

Versus

1. State of Chhattisgarh through The Secretary Department of Revenue and Disaster Management, Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur Chhattisgarh

2. Collector, Bilaspur District Bilaspur Chhattisgarh

3. Sub Divisional Officer , Pendra Road, District Bilaspur Chhattisgarh,

4. Executive Engineer, Department Of P. W. D., Pendra Road, District Bilaspur Chhattisgarh,

5. Sarpanch, Gram Panchayat, Karhani, District Bilaspur Chhattisgarh,

6. Sarpanch, Gram Panchayat, Seoni, District Bilaspur Chhattisgarh,

7. Sarpanch, Gram Panchayat, Changeri, District Bilaspur Chhattisgarh, --- Respondents For the Petitioners : Mr. Y. Sharma, Advocate, with Ms. Ritu Sharma, Advocate For the State/respondents : Mrs. Richa Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board

11-09-2019

1. The instant petition is filed on the ground that the road was constructed over the land of the petitioners without there being proceedings of lawful acquisition and without payment of compensation.

2. In the reply of the State, admission is made that the road has been constructed for the public purpose and further the reply contains the fact that for the purpose of payment of compensation against the acquisition of land, the respondents are proceeding according to the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act 2013 and after assessment of the land, adequate compensation would be provided to the petitioner.

3. In view of such statement, no further adjudication would be required in this petition. However, it is directed that the StateRespondents shall complete the proceedings of acquisition and pay the compensation to the petitioners within an outer limit of six months from the date of receipt of the copy of this order.

4. With the above observation/direction, this writ petition stands disposed of.

Sd/- (Goutam Bhaduri) Judge R a o