High Court Of ChhattisgarhWPC/331/2016disposed off

Sudharam Patel v. State Of Chhattisgarh

2017-03-03Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 321 of 2016

1. Visheshar Patel S/o Harilal Patel, Aged About 75 Years

2. Bhuneshar Patel, S/o Harilal Patel, Aged About 52 Years

3. Mohanlal, S/o Mukutram Patel, Aged About 50 Years

4. Ramnarayan, S/o Laharam, Aged About 44 Years All are R/o Village Nawapara, P.H. No. 11, P.S. And Tahsil Sakti, Civil And Revenue District Janjgir Champa (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary : Public Works Department ( Bridge Construction), Mantralaya Mahanadi Bhawan, Naya Raipur (Chhattisgarh)

2. Collector, Janjgir, District Janjgir Champa (Chhattisgarh)

3. Land Acquisition Officer/ Sub Divisional Officer ( Revenue), Sakti, District Janjgir Champa (Chhattisgarh)

4. Executive Engineer, Public Works Department, ( Bridge Construction) Division- Bilaspur, District Bilaspur (Chhattisgarh) ---- Respondent And WPC No. 325 Of 2016

1. Ujit Ram S/o Chhahuram, Aged About 47 Years

2. Kamla Bai, D/o. Suklal Singh, Wd/o Mohitram, Aged About 36 Years Both are R/o Village Nawaparakala, P.H. No. 11, P.S. And Tahsil Sakti, Civil And Revenue District Janjgir Champa (Chhattisgarh) ---- Petitioner Vs

1. State Of Chhattisgarh Through Secretary : Water Resource Department, Mantralaya Mahanadi Bhawan, Naya Raipur (Chhattisgarh)

2. Collector, Janjgir, District Janjgir Champa (Chhattisgarh)

3. Land Acquisition Officer/ Sub Divisional Officer ( Revenue), Sakti, District Janjgir Champa (Chhattisgarh)

4. Executive Engineer, Minimata Bango, Canal No. 6, Sakti, Tahsil Sakti, District Janjgir Champa (Chhattisgarh) ---- Respondent And WPC No. 331 Of 2016

1. Sudharam Patel S/o Ghasiram Patel, Aged About 65 Years

2. Parasram Patel, S/o Shriram Patel, Aged About 52 Years Both are R/o Village Singansara, P.H. No. 20, P.S. And Tahsil Sakti, Civil And Revenue District Janjgir Champa (Chhattisgarh) ---- Petitioner Vs

1. State Of Chhattisgarh Through Secretary : Public Works Department ( Bridge Construction), Mantralaya Mahanadi Bhawan, Naya Raipur (Chhattisgarh)

2. Collector, Janjgir, District Janjgir Champa (Chhattisgarh)

3. Land Acquisition Officer/ Sub Divisional Officer ( Revenue), Sakti, District Janjgir Champa (Chhattisgarh)

4. Executive Engineer, Public Works Department, ( Bridge Construction) Division- Bilaspur, District Bilaspur (Chhattisgarh) ---- Respondent For Petitioners Mr. Indrasen Sahu, Advocate For Respondent /State Mr. A.S. Kachhwaha, Addl. Advocate General Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 3/3/2017

1. Heard.

2. Learned counsel for the petitioners would submit that in these

three writ petitions, the land acquisition award has been passed under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short "the Act, 2013"), however, the petitioners are not satisfied with the amount of compensation offered to them.

3. If the petitioners are not satisfied with the quantum of compensation offered to them, remedy for them lies in moving before the concerned Collector under Section 64/65 of the Act, 2013, who in turn, shall refer the matter in accordance with law to the State Level Authority constituted by the State Government vide its Notification dated 28.01.2016 in exercise of its powers under Section 51 of the Act, 2013.

4. Accordingly, the petitioners may prefer duly constituted application before the concerned Collector for referring the matter to the State Level Authority, as stated supra.

5. If such application is moved before the concerned Collector within 04 weeks from today, the Collector shall proceed further in the matter in accordance with law.

6. With the above observation/directions, the writ petitions are disposed of. Sd/- Judge (Prashant Kumar Mishra) Shyna