Dashmat Bai v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP(C) No. 4747 of 2021

1. Dashmat Bai D/o Late Ramji, Aged About 49 Years R/o Village Kukusda, Tehsil Pathariya, District Mungeli Chhattisgarh.

2. Makhan, S/o Brajraj, Aged About 52 Years R/o Village Kukusda, Tehsil Pathariya, District Mungeli Chhattisgarh.

---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management Mahanadi Bhawan, New Raipur District Raipur Chhattisgarh.

2. State Of Chhattisgarh Through Secretary Department Of Water Resource Mahanadi Bhawan New Raipur District Raipur Chhattisgarh.

3. Collector Mungeli, District Mungeli Chhattisgarh.

4. Sub Divisional Officer (Revenue) Pathariya, District Mungeli (Chhattisgarh).

5. Executive Engineer Maniyari, Water Resource Department Mungeli, District Mungeli Chhattisgarh.

---- Respondents For Petitioners : Shri T.K. Jha, Advocate.

For the respondents / State : Shri Ravi Bhagat, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 26.11.2021 Heard.

1. It is submitted that the petitioners are the land owners. The land belonging to the petitioners was in the area of submergence in the construction of Maniyari Barrage since 2005. The acquisition proceeding and the compensation case was initiated but that has not been concluded till date. Respondent No.4 - Sub-Divisional Officer has issued a fresh notification for acquisition, which is published in the newspaper dated 27.6.2021. Almost five months are going to pass but the acquisition proceeding has not been completed till date, therefore, a direction be issued to the respondent authorities to expedite and

-2conclude the proceeding, at the earliest.

2. Learned State counsel opposes the submissions and submits that the proceeding has been initiated, therefore, the conclusion of the same will take some time.

3. Considered on the submissions and perused the documents filed alongwith the petition. This fact is not denied that the land belonging to the petitioners is under the submergence area of the Maniyari Barrage, which was constructed in the year 2005. No acquisition proceeding was taken up or completed earlier, however, there is a fresh notice issued on 27.6.2021 vide Annexure-P/1, therefore, the petition is disposed off at motion stage. Respondent authorities No.3 & 4 are directed to expedite the proceeding in the acquisition/ compensation case of the petitioners and conclude the same at the earliest within a period of six months from today.

4. With the aforesaid observations, the petition is disposed off. Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi