Smt. Renuka Agrawal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.C.C. No. 8 of 2021

1. Smt. Renuka Agrawal W/o Shri Bharat Agrawal Aged About 36 Years R/o Chakradhar Nagar, Tahsil Raigarh, District Raigarh Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Mahanadi Bhawan, Thana Naya Raipur , Tehsil And District Raipur Chhattisgarh.

2. The Collector And Official Deputy Secretary Of State Of Chhattisgarh Collectorate, District Of Janjgir Champa , Tahsil And District Janjgir Champa Chhattisgarh.

3. Sub Divisional Officer (Revenue Cum Land Acquisition Officer) Janjgir Champa , Tahsil And District Janjgir Champa Chhattisgarh.

4. Presiding Officer Land Acquisition Resettlement And Rehabilitation Tribunal, Chhattisgarh Raipur Chhattisgarh.

---- Respondents For Petitioner :

Shri B.P. Sharma with Ms. Anuja Sharma, Advocates For State :

Ms. Akanksha Jain, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order On Board 18.01.2021

1. The present MCC has been filed seeking modification of the order dated 09.11.2020 passed in WP(C) No. 2300/2020.

2. The modification sought for by the petitioner in the order is for giving a time bound period for the authority appointed under the Land Acquisition Rehabilitation and Resettlement Raipur for deciding the claim of the petitioner.

3. Having gone through the contention put forth in the MCC, this Court is of the opinion that the said relief sought for by way of a modification would not be permissible. That the writ petition primarily was for, the State to appoint an appropriate authority at the earliest. Down the line, the respondents now have filled up that post by appointing a person as a Land Acquisition Rehabilitation and Resettlement Authority, Raipur.

4. Given the fact that the appointment has been made, the direction given by this Court stands duly complied with. Now it is for the authority concerned to proceed and decide the matter pending before him and including the matter pertaining to the petitioner. In the event if there is any inordinate delay on the part of the authority in deciding the matter that would be a cause of action for the petitioner to approach this Court not at this stage and nor by way of a modification to the order dated 09.11.2020.

5. The MCC accordingly stands rejected. Reserving the right of the petitioner to avail other appropriate remedies available to her at the appropriate point of time.

Sd/- P. Sam Koshy Judge Jyotijha