Chandra Prakash Sahu v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2547 of 2016 • Chandra Prakash Sahu S/o Late Durga Prasad Sahu, Aged About 22 Years Village Bhimbhouri, P C # 6, R I C & Teh. Dhamdha, District Durg (Chhattisgarh) ---- Petitioner
Versus
1. State of Chhattisgarh Through Collector Cum Ex Officio Dy. Secretary, Revenue Deptt. Durg Chhattisgarh.
2. Executive Engineer, Water Resources Department, Tandula Water Resource Division, Durg (Chhattisgarh) ---- Respondents For Petitioner :
Ms. Sunita Jain, Advocate For Respondents-State :
Shri Arun Sao, Dy. AG for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 19/10/2016 1.
Grievance raised in this petition is to the effect that the respondent State has used petitioner's land for construction of anikut-cum-rapta under the Water Resources Division, Tandula Division, Durg, however, despite issuance of notification under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act, 1894') and upon coming into force of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the Act, 2013') the proceedings have not yet been finalized and the petitioner is deprived of adequate compensation. 2.
Learned State counsel would submit that since the land acquisition proceeding has already been initiated, the same shall be completed in
accordance with law under the provisions of the Act, 2013. 3.
In view of the aforesaid, the writ petition is disposed of with direction to the Land Acquisition Officer, before whom the land acquisition proceedings are pending to conclude the land acquisition proceedings at the earliest, preferably within a period of six months from the date of submission of certified copy before the land acquisition officer. If the petitioner is aggrieved by inadequacy of compensation, he may move application before the concerned Collector under Section 64/65 of the Act, 2013, which shall be referred for decision to the authority constituted under Section 51 of the said act.
Sd/- Judge Prashant Kumar Mishra Ashu