Sanjay Jain v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4064 of 2021 • Sanjay Jain S/o Bhagatmal Jain, Aged About 48 Years R/o Infront Of Petrol Pump, Ward No. 2, Bijapur, Tahsil And District Bijapur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Water Resource Department, Mantralaya, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh

2. The Collector, Bijapur, District Bijapur Chhattisgarh

3. Sub Divisional Officer, Water Resource, Department, Bijapur, District Bijapur Chhattisgarh.

4. Executive Engineer, Water Resource, Department, Bijapur, District Bijapur Chhattisgarh ---- Respondents ---------------------------------------------------------------------------------------------------------------- For Petitioner :

Shri Pushpendra Kumar Patel, Advocate For Respondent/ State :

Shri Ashish Tiwari, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 04.10.2021 Heard

1. Learned counsel for the petitioner would submit that the petitioner holds a land bearing Khasra No. 819 admeasuring 2.38 acres. All of a sudden out of the said land part of land was demarcated to be used for pond and petitioner was forcefully removed from the part of the land and he has been deprived from using the land admeasuring 2.38 acres, therefore petitioner has made a representation to Collector, Bijapur dated 22.09.2021 and prays the same may be considered and in case if the land of the petitioner is acquired the

land acquisition procedure may be drawn.

2. Perused the representation Annexure P-1.

3. After perusal of the representation Annexure P- 1, I do not find any reason to keep the petition pending for the reason that if the land of the petitioner is used or is acquired by government, then in that case the petitioner would be entitled for the compensation, therefore Collector, Bijapur is directed to decide the representation of the petitioner within a period of 90 days from the date of receipt of a copy of this order and in case if land of the petitioner is acquired or used for pond and the petitioner is deprived of using the land admeasuring 2.38 acres of Khasra No. 819 at village Bijapur then in such case the proceeding for payment of compensation or other measures which are available to the State for acquisition of land shall be set into motion.

4. With the aforesaid observation the petition stands disposed of. Sd/- (Goutam Bhaduri) Jyoti Judge