Zubeda Bano v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(C.) No.4656 of 2021 • Zubeda Bano W/o Late Mohammad Islam, R/o Adarsh Marg, Post And Tehsil Annupur, District Annupur Represented Through Power Of Attorney Holser Shree Parvez Ahmad, S/o Late Mohammad Ishlam Mansuri, Aged About 46 Years, R/o Adarsh Marg, Post And Tehsil Anuppur, District Anuppur (Power Of Attorney Holder) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Rural Engineering Mantralaya, Mahanadi Bhawan, Atal Nagar (Naya Raipur), District Raipur Chhattisgarh

2. Executive Engineer, Water Resource Department, Rural Engineering Services, Pendra Road, District Gourella-Pendra-Marwahi Chhattisgarh

3. Sub Divisional Officer, Rural Engineering Services, Pendra District Gourella-Pendra-Marwahi (Chhattisgarh) ---- Respondents For Petitioners - Ms. Anmol Sharma with Mr. Shalvik Tiwari, Advocate.

For State-Respondent - Mr. Ravi Bhagat, Dy. Govt. Advocate.

S.B.- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 18-11-2021

1. It is submitted by learned counsel for the petitioner that the land of the petitioner was acquired for construction of stadium in the year 2011. The award of compensation has been passed by the Land Acquisition Authority on 18.08.2015 granted compensation of Rs.6,64,213/-. The awarded amount of compensation has not been paid to the petitioner. The petitioner has also grievance that the assessment for compensation has not been made in

-2accordance with the Right to Fair Compensation and Transparency In Land Acquisition Act, 2013. After such assessment are made, then the awarded amount will certainly be enhanced, hence, on this basis, a prayer has been made to grant reliefs as prayed for in the petition.

2. Learned State counsel representing all the respondents opposes the submission.

3. Heard learned counsel for both the parties and perused the documents present on record.

4. Considered on the submissions and perused the petition and all the documents filed along with the same, the petition is disposed off at the motion stage. The respondent No.3 is directed to ensure that the compensation amount as ordered by award dated 18.08.2015 is paid to the petitioner within a period of 120 days from today. The petitioner is granted liberty to file a representation before the respondent authorities which may be permissible under the provisions of Right to Fair Compensation And Transparency In Land Acquisition Act, 2013 and in case, any such application is filed within a period of 15 days, then the respondent No.3 shall be obliged to consider on such representation and take decision at the earliest preferably within a period of 90 days from today.

5. With these observations, this petition is disposed off. Sd/- (Rajendra Chandra Singh Samant) Judge Monika