High Court Of ChhattisgarhWPC/2129/2020disposed off

Radheshyam v. State Of Chhattisgarh

2020-09-30Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 2129 of 2020

1. Radheshyam S/o Ganeshram Kenwat, Aged About 50 Years, R/o Village Darrighat, Tahsil- Masturi, District Bilaspur, Chhattisgarh

2. Sitaram S/o Ganeshram Kenwat, Aged About 48 Years, R/o Village Darrighat, Tahsil- Masturi, District Bilaspur, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Public Works Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh

2. Collector, Bilaspur, District Bilaspur, Chhattisgarh

3. Chief Engineer, Public Works Department (National Highway Division), Raipur, District Raipur, Chhattisgarh

4. Sub Divisional Officer (Revenue) Masturi, District Bilaspur, Chhattisgarh ---- Respondents For Petitioners :

Mr. Amit Kumar, Advocate For State :

Mr. Raghvendra Verma, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 30.09.2020

1. The grievance of the petitioners in the present writ petition is the inaction on the part of the respondents in not providing compensation to the petitioners against the land belonging to them which has been acquired for construction of National Highway No.200/49.

2. According to the petitioners, their property situates at Khasra No.22/23

measuring 0.40 acres out of which 400 square meters have been acquired by the respondents for the purpose of construction of the aforesaid National Highway but till date they have not been paid any compensation for the said land.

3. Counsel for the petitioners submits that initially one Ashwini Kumar had filed some objection before the authority, however, the authority concerned subsequently found Ashwini Kumar to be entitled for compensation against the land situated at Khasra No.22/26 and so far as Khasra No.22/23 is concerned, it is the petitioners who are exclusively the owner of the said property.

4. Given the said facts and circumstances of the case, the present writ petition itself can be disposed of directing the respondents 3 & 4 to immediately process the claim of the petitioners for grant of compensation for the land of the petitioner acquired at Khasra No.22/23 in accordance with law, at the earliest, preferably within a period of 60 days from the date of receipt of copy of this order.

5. As regards the payment of interest, if any, the petitioners would be at liberty to approach the same authority claiming for interest on the delayed payment.

6. The writ petition accordingly stands disposed of. Sd/- P. Sam Koshy Judge Khatai