← Library
High Court Of ChhattisgarhWPC/3814/2021disposed off

Mahettar Mahant v. State Of Chhattisgarh

2021-09-21Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3814 of 2021 Mahettar Mahant S/o Sonsaay Aged About 70 Years R/o Village Chisda Tahsil Jaijaipur, District Janjgir Champa Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Department Of Revenue Mahanadi Bhawan Raipur District Raipur Chhattisgarh.

2. Collector Of District Janjgir Champa Chhattisgarh.

3. Sub Divisional Officer Cum Land Acquisition Officer Sakti District Janjgir Champa Chhattisgarh.

4. Executive Engineer Public Work Department Champa Division, Champa District Janjgir Champa Chhattisgarh.

---- Respondents ---------------------------------------------------------------------------------------------------------------- For petitioner :

Ms. Palak Jindal, Advocate.

For State :

Shri Aman Kesharwani, PL.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 21/09/2021 Heard.

1. Grievance of the petitioner is that the road was constructed and the land of the petitioner was acquired which is bearing khasra No.2342 and 0.11 acre was acquired which is situated at village Chisda, Tahsil Jaijaipur, District Janjgir-Champa. It is submitted that though 0.11 acre was acquired but compensation has been paid for only 0.05 acre, therefore the petitioner has made representation before the Collector on 31/07/2019 (Annexure P-2) which may be directed to be decided.

2. Considering the submission of the petitioner if the land of 0.11 acre have been acquired and part payment is made only for 0.05 acre, then in such case, the petitioner is entitled to get the compensation for rest of the land, otherwise it would violate the Article 300-A of the Constitution of India. Without

any further observation on the merit, it is directed that the representation made by the petitioner may be decided if it is available on record, otherwise the petitioner is given liberty to make a fresh representation within a period of three weeks to the SDO, Land Acquisition, Janjgir-Champa. In case such representation is filed before the SDO, Janjgir-Champa within a period of three weeks, the same would be decided within a further period of four months from the date of receipt of this order.

3. With such observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) gouri Judge