High Court Of ChhattisgarhWPC/2357/2017disposed off

Praveen Kumar Bafna v. State Of Chhattisgarh

2017-08-30Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No.2357 of 2017 1.

Praveen Kumar Bafna, aged about 38 years S/o late Heeralal Bafna, R/o Pratapganj Para Jagdalpur, District Bastar (CG). 2.

Hifjur Rehman, aged about 60 years, S/o late Ajeezur Rehman. 3.

Attaur Rehman, aged about 54 years, S/o late Ajeezur Rehman.

Jaleelur Rehman, aged about 40 years, S/o late Ajeezur Rehman.

Petitioners No.2 to 4 are resident of Sadar Ward Jagdalpur, District Bastar (CG).

---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Revenue Department, Mantralaya, Naya Raipur, Civil & Revenue District Raipur, Chhattisgarh

2. Director, Town & Country Planning, Housing And Environment, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh

3. The Collector, Jagdalpur, Civil & Revenue District Bastar, Chhattisgarh

4. The Sub Divisional Officer Cum L.A.O. Jagdalpur, District Bastar, Chhattisgarh

5. Municipal Corporation, Through The Commissioner, Municipal Corporation Jagdalpur, District Bastar, Chhattisgarh --- Respondents For Petitioner : Mr. Akash Pandey, Advocate For State : Mr. Shashank Thakur, Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 30/08/2017 (1) Learned counsel appearing for the petitioners would submit that

issue raised in this writ petition is covered by order dated 21.12.2016 passed in Writ Petition (C) No.3153 of 2016 (Govind Nankani Vs. State of Chhattisgarh & Others) in which, this Court has observed as under:- "6. In view of the above position of law, while refusing to restrain the Corporation to widen the road or to construct the drain, it is directed that the respondent Corporation shall ascertain the exact area owned by the petitioner and shall thereafter determine the compensation to which the petitioner is entitled under Sections 305 & 306 of the Act, 1956 on an application submitted by the petitioner in this regard within a period of one month from today along with a certified copy of this order. The respondent Corporation shall thereafter consider and decide the issue regarding compensation in accordance with law within reasonable time and preferably within a period of six months thereafter."

(2) Accepting the submission of learned counsel for the parties, this writ petition is disposed of in similar terms of Govind Nankani (supra) in Writ Petition (C) No.3153 of 2016.

Sd/- (Sanjay K. Agrawal) Judge L/-