Ashwani Baghel v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3307 of 2021

1. Ashwani Baghel S/o Sukhachand Baghel Aged About 54 Years R/o Ward No. 10, Sendh, Post - Palaud (Mandir Hasoud) Tah.- Arang Sendh, Mandir Hasod Arang, District- Raipur (Chhattisgarh)

2. Nathuram Baghel S/o Sukhachand Baghel Aged About 66 Years R/o Ward No. 10, Sendh, Post- Palaud (Mandir Hasoud) Tah.- Arang Sendh, Mandir Hasod, Arang, District - Raipur (Chhattisgarh)

3. Shiv Prasad Baghel S/o Sukhachand Baghel Aged About 61 Years R/o Ward No. 10, Sendh, Post- Palaud (Mandir Hasod), Tah.- Arang Sendh, Mandir Hasod Arang, District- Raipur (Chhattisgarh)

4. Krushna Tandan W/o Babulal Tandan Aged About 55 Years R/o Nardaha, District Raipur (Chhattisgarh)

5. Radhika Bai Kurre W/o Ganesh Das Kurre Aged About 51 Years Ringni, Kesda, Balodabazar, District Balodabazar (Chhattisgarh)

6. Kevara Markande W/o Kumar Markande Aged About 43 Years R/o Ward No. 19, Post Mana Basti Tuta, Uparwara, Abhanpur, District Raipur (Chhattisgarh) ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mantralaya, Nava Raipur, Raipur, District Raipur (Chhattisgarh)

2. Collector-Cum-Officiating Dy. Secretary (In Land Acquisition Matter) Raipur, District Raipur (Chhattisgarh)

3. SDO-Cum-Land Acquisition Aarang (Performed The Duties Of A Collector In The Matter Of Land Acquisition Matter) Tahsil Aarang / Abhanpur, District Raipur (Chhattisgarh)

4. Nava Raipur Development Authority (NRDA) Through Its Chief Executive Engineer, Govind Sarang Parisar, 2nd Floor, New Rajendra Nagar, Sector-7, Raipur, District Raipur (Chhattisgarh) ---- Respondents For Petitioners :

Shri Arvind Shrivastava, Advocate For Respondents/ State :

Shri Gagan Tiwari, Dy. G.A.

For Respondents No. 4 :

Shri Sumesh Bajaj, Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 13.08.2021 Heard.

1. The grievance of the petitioners in the present writ petition is that their land were

acquired which fall under the Revenue Circle Mandir Hasuad, Tehsil Aarang, District Raipur. It was acquired by the respondent No.4 for respondent No.3 and the award under the Land Acquisition Act was passed as early as on 31.12.2015 but till date the petitioners or their family members have not received any compensation against the said acquisition of the property.

2. According to the petitioners, they should also be paid the interest on the said amount.

3. Considering the fact that there is already an award passed on 31.12.2015, the writ petition at this juncture stands disposed of directing the respondent No.4 to ensure that compensation amount payable to the petitioners if it has not been released till now is released in accordance with law at the earliest preferably within a period of 60 days.

4. As regards the claim of interest on the delayed payment of compensation, the petitioners would have to move an appropriate application before the respondent No.4, who, in turn, shall decide the same in accordance with law as to whether the petitioners would be entitled for interest or not, which would always be subject to challenge by the petitioners, if still aggrieved.

5. With the above direction/observation, this writ petition stands disposed of. Sd/- (Goutam Bhaduri) Judge Jyoti