High Court Of ChhattisgarhWPC/2256/2017disposed off

Ganesh Dutt Bajpai v. State Of Chhattisgarh

2017-08-23Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No.2256 of 2017 1.

Ganesh Dutt Bajpai S/o Shri Diwakerdutt Bajpai, Aged About 48 Years R/o Main Road Jagdalpur, District Bastar, Chhattisgarh

2. Kushal Lunkad S/o Shri Ganesh Lunkad, Aged About 25 Years R/o Main Road Jagdalpur, District Bastar, Chhattisgarh ---- 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. Keshav Dewangan, Advocate For State : Mr. Gary Mukhopadhyay, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 23/08/2017 (1) Learned counsel appearing for the petitioner 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/-