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High Court Of ChhattisgarhWPC/1573/2018disposed off

Bhagwati Bai v. State Of Chhattisgarh

2018-07-19Hon'Ble Shri Justice Sanjay K. Agrawal4 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 1570 of 2018 Smt. Kanchan Sidar, D/o Raghuwar Sidar, aged about 60 years, (ST) R/o Village Basanpali, Tahsil Tamnar, District Raigarh (C.G.) ----Petitioner

Versus

1. State of Chhattisgarh, through the Collector/ Land Acquisition Officer, Raigarh, District Raigarh (C.G.)

2. Sub Divisional Officer (Revenue), Gharghoda, District Raigarh (C.G.)

3. National Thermal Power Corporation Limited, through it's CMD Tilaipali, District Raigarh (C.G.) ---- Respondents Writ Petition (C) No. 1571 of 2018 Mahipal Prasad Sahu, son of Kala Chand Sahu, aged about 68 years, R/o Village Kasdol, Tahsil Gharghoda, District Raigarh (C.G.) ----Petitioner

Versus

1. State of Chhattisgarh, through the Collector/ Land Acquisition Officer, Raigarh, District Raigarh (C.G.)

2. Sub Divisional Officer (Revenue), Gharghoda, District Raigarh (C.G.)

3. National Thermal Power Corporation Limited, through it's CMD Tilaipali, District Raigarh (C.G.) Writ Petition (C) No. 1572 of 2018 Unamani Patel, S/o Dhanurjay Patel, aged about 55 years, R/o Village Kasdol, Tahsil Gharghoda, District Raigarh (C.G.) ----Petitioner

Versus

1. State of Chhattisgarh, through the Collector/ Land Acquisition Officer, Raigarh, District Raigarh (C.G.)

2. Sub Divisional Officer (Revenue), Gharghoda, District Raigarh (C.G.)

3. National Thermal Power Corporation Limited, through it's CMD Tilaipali, District Raigarh (C.G.) ---- Respondents Writ Petition (C) No. 1573 of 2018 Bhagwati Bai, D/o Raghuwar Sidar, aged about 55 years, (ST) R/o Village Basanpali, Tahsil Tamnar, District Raigarh (C.G.) ----Petitioner

Versus

1. State of Chhattisgarh, through the Collector/ Land Acquisition Officer, Raigarh, District Raigarh (C.G.)

2. Sub Divisional Officer (Revenue), Gharghoda, District Raigarh (C.G.)

3. National Thermal Power Corporation Limited, through it's CMD Tilaipali, District Raigarh (C.G.) ---- Respondents For Petitioner : Shri T.K. Jha, Advocate. For Respondents No. 1 & 2/State : Shri Ratan Pusty, Govt. Advocate. For Respondent No. 3 : Shri B.D. Guru, Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 19/07/2018 1.

Since common question of law and fact in involved in all the writ petitions, they are being disposed of by this common order.

2.

Learned counsel appearing for the petitioners would submit that the land in excess is being occupied by the respondent authority apart from the land set acquired in acquisition proceeding.

3.

Per contra, learned counsel for the respondents would submit that they will strictly abide by the award and will not proceed in excess of the land acquired. 4.

I have heard learned counsel appearing for the parties. 5.

This Court by order dated 01.06.2018 passed an interim order directing the respondents that in the matter of taking possession of acquired land, they shall strictly limit

themselves according to the acquisition award. 6.

In view of above, respondents are directed to proceed with taking possession as per acquisition award passed by the land Acquisition Officer. 7.

With the aforesaid directions & observations, all the writ petitions stand finally disposed of. However, the petitioners are at liberty to make an application for enhancement of amount under award in accordance with law. No cost(s). Sd/- (Sanjay K. Agrawal) Judge D/-