Basant Kumar Tiwari v. State Of Chhattisgarh And ORS
HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet WPC No. 643 of 2013 Basant Kumar Tiwari S/o Late Shri Nakchhed Prasad Aged About 66 Years R/o Village Madhwani Ps Hirree Tah. Sargaon Distt. Bilaspur Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through Its Secretary Water Resources Development Department Mahanadi Bhawan New Raipur Distt. Raipur, Chhattisgarh
2. The Collector Cum Land Acquisition Officer Mungeli, District : Mungeli, Chhattisgarh
3. The Executive Engineer Kharang Water Resources Division Bilaspur, District : Bilaspur, Chhattisgarh
4. The Sub Divisional Officer Cum Land Acquisition Officer Division Office Mungeli Distt. Mungeli, Chhattisgarh
5. The Tahsildar Tah. Office Mungeli Distt. Mungeli Chhattisgarh --- Respondents 13.05.2019 Mr. Rekhraj Baghel, counsel for the petitioner. Mr. Avinash Singh, Panel Lawyer for the State. The present petition has been filed for the reason that the petitioner owns a land at village Khaira and the canal has been constructed over the land petitioner.
Learned counsel for the petitioner submits that the agricultural lands of the petitioner to the extent of 2.76 acres have been acquired and no compensation has been paid. The reply has been filed on behalf of the State wherein it shows that the land was acquired and after acquisition of land the award was passed on 20th September, 2004 in respect of Kh.No.32 admeasuring 0.35 acres. It appears that the said award was passed in the year 2004. No reference was made u/s 18 of the Land Acquisition Act by the petitioner within a stipulated time and this petition was filed in the year
2013 i.e., much after 9 years of passing the award. In view of the stand taken in reply filed by the Staterespondents, no further adjudication can be made in respect of the land in question for which the petitioner alleged that no adequate compensation has been granted.
The petition cannot be entertained and accordingly, it is dismissed.
Sd/- GOUTAM BHADURI JUDGE Rao R a o