High Court Of ChhattisgarhWPC/2342/2016disposed off

Saraswati Devi v. State Of Chhattisgarh

2016-09-19Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2342 of 2016 • Saraswati Devi, W/o Late Mitthanlal Gupta, aged about 67 years, R/o Plot No.1, Kailash Colony, Road No.2, Near Bhagat Singh Square, Alwar (Rajasthan) ---- Petitioner

Versus

1. State Of Chhattisgarh Through the Secretary, Department of Revenue, Mahanadi Bhawan, Mantralaya, Post & PS Mandir Hasaud, Raipur (CG)

2. Collector, Raipur (CG)

3. Land Acquisition Officer and Sub-Divisional Officer (Revenue) Raipur (CG)

4. Executive Engineer, Public Works Department, Division No.3, Raipur (CG) ---- Respondent For Petitioner : Shri Sanjay Agrawal, Advocate.

For Respondent/State : Shri UNS Deo, Govt. Advocate. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 19/09/2016

1. The petitioner's land has been acquired for construction of Jora-SadduDhaneli Bypass road and land acquisition award has been passed by the Land Acquisition Officer on 14.12.2015.

2. It is the stand of the petitioner that adequate compensation on true

market value has not been awarded to him, therefore, the respondents may be directed to assess proper compensation.

3. It is informed by the State Counsel that under Section 51 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the Act, 2013'), State Level Authority has already been constituted to redress grievances pertaining to amount of compensation and its apportionment etc.

4. In view of the above, the petitioner may move an application before the concerned Collector under Sections 64 & 65 of the Act, 2013 for referring the matter for adequate compensation to be determined by the State Level Authority constituted under Section 51 of the Act, 2013.

5. Let the application be moved by the petitioner within a period of 4 weeks from today and thereafter the concerned Collector shall pass necessary orders for referring the matter to the State Level Authority within next 6 weeks. The State Level Authority shall thereafter proceed to decide the reference at the earliest.

6. With the aforesaid directions/observations, the Writ Petition stands disposed of.

Sd/- Judge (Prashant Kumar Mishra) Barve