Ramsubhag v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2951 of 2016 • Ramsubhag, S/o Ramdular, aged about 55 years, R/o Village Salka, PS & Tahsil Premnagar, District Surajpur (CG) ---- Petitioner

Versus

1. State of Chhattisgarh, through the Secretary, Department of Revenue, Mahanadi Bhawan, New Raipur, District Raipur (CG)

2. The Collector, Surajpur, District Surajpur (CG)

3. The Sub Divisional Officer, Premnagar, District Surajpur (CG)

4. The Tahsildar, Premnagar, Tahsil Premnagar, District Surajpur (CG)

5. The Land Acquisition Officer, Tap Vidyut Pariyojana, Premnagar, Head Office, Ambikapur, District Surguja (CG)

6. The Effeco Power Company Limited, Branch Office, Manendragarh Road, Ambikapur, District Surguja (CG) ---- Respondent For Petitioner : Shri A.N. Pandey, Advocate.

For Respondent/State : Shri Shashank Thakur, Govt. Advocate. For Respondent No.6 : Dr. N.K. Shukla, Sr. Advocate with Miss Priya Mishra, Advocate.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 04/01/2017

1. In this writ petition, the petitioner has prayed for a direction to the respondents particularly the respondent Land Acquisition Officer Tap Vidyut Pariyojana Premnagar to disburse the increased amount of compensation within stipulated time.

2. Facts of the case, briefly stated, are that for establishment of a 1000 MW Thermal Power Plant at Prem Nagar/Bhaiyathan, land belonging to the petitioner was acquired and compensation was paid under the Land Acquisition Act, 1894, however, the Chhattisgarh Modern Rehabilitation Policy, 2007 (for short 'the Policy, 2007') of the State Government was modified wherein the land holders were held entitled for increased amount of compensation. Modified policy was notified in the official gazette on 19.03.2010, however, the petitioner has not been paid the increased amount under the Policy, 2007 although the same has already been calculated on 26.11.2011.

3. Considering the fact that there is no dispute about petitioner's entitlement of the increased amount, the writ petition is disposed of with direction that in the event, the petitioner prefers representation before respondents-The Collector, Surajpur, District Surajpur and The Land Acquisition Officer Tap Vidyut Pariyojana Premnagar within a period of three weeks from today, the said respondents shall decide the representation and pay the increased amount of compensation to the petitioner within a period of six weeks thereafter. The petitioner may also pray for award of interest on the amount and the Collector shall consider the said prayer, however, if no orders are passed by the Collector, Surajpur, the petitioner would be at liberty to move again before this Court. Sd/- Judge (Prashant Kumar Mishra) Barve