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High Court Of ChhattisgarhWPC/3043/2016disposed off

Vishnu Prasad Sahu v. State Of Chhattisgarh

2016-12-16Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3043 of 2016

1. Vishnu Prasad Sahu S/o Bhuku Sahu, Aged About 65 Years R/o Village Chhatauna, Post Hirri Mines, Tahsil Takhatpur, District Bilaspur (Chhattisgarh)

2. Kusum Panjwani, W/o Shankarlal Panjwani, Aged About 36 Years, R/o Ward No. 14, Chakarbhatha, Post Chakarbhatha, Tahsil Bilha, District Bilaspur, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Mantralaya, New Raipur, (Chhattisgarh)

2. The Collector, Bilaspur, District Bilaspur, (Chhattisgarh)

3. The Sub Divisional Officer (Revenue) & Land Acquisition Officer, Bilha, District Bilaspur, (Chhattisgarh) ---- Respondents For Petitioner Shri V. R. Tiwari, Advocate For Respondent-State Shri Shashank Thakur, GA Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 16/12/2016 1.

The petitioners are land holders, whose land is subject matter of acquisition for Arpa Bhainsa Irrigation Project. The petitioners are not objecting to the acquisition, but they are seeking direction to the respondents to forthwith complete the process of acquisition and pay compensation to the petitioners for acquisition of their agricultural lands.

2.

At the outset, learned State counsel would submit that in some other writ petitions where the acquisition proceeding is under challenge, this Court had summoned the record, therefore, the acquisition proceedings have not been finalized. He would submit that by order dated 08.12.2016 in WPC No.1945/2015, this Court has already passed orders for return of the record and its production at the time when hearing of that petition would materialize in this Court.

3.

In view of the fact that petitioners are not challenging the acquisition, the writ petition is disposed of with a direction to the respondents, particularly the Land Acquisition Officer to pass the award in respect of such persons who are not challenging the acquisition within a period of 2 months from today and pay the entire compensation to them in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 4.

It is made clear that any violation of this order shall be viewed seriously and if violation is brought to the notice of this Court, appropriate proceedings for committing contempt of the lawful authority of this Court shall be initiated.

Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala