Jai Prakash v. Union Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2651 of 2018

1. Jai Prakash S/o Nathuram, Aged About 55 Years

2. Dilip Kumar, S/o Nathuram, Aged About 50 Years Both are R/o Village Bhalunara, Tehsil Kharsiya, District Raigarh Chhattisgarh.

---- Petitioner

Versus

1. Union Of India Through Secretary, Department Of Railway, New Delhi.

2. State Of Chhattisgarh, Through Collector District Raigarh Chhattisgarh

3. Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Kharsiya, District Ragiarh Chhattisgarh.

4. Deputy Chief Engineer South Eastern Central Railway Raigarh, District Raigarh Chhattisgarh.

---- Respondent For Petitioner Mr. Manish Upadhyaya, Advocate For Respondent/UOI Mr. Krishna Gopal Yadav, Advocate on behalf of Mr. B. Gopakumar, Assistant Solicitor General For Respondent /State Mr. PK Bhaduri, Government Advocate Order On Board By Hon'ble Mr. Justice Prashant Kumar Mishra 25/9/2018

1. Heard.

2. The petitioners have prayed for grant of adequate compensation on account of acquisition of their land under the

provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

3. If the petitioners are aggrieved by inadequancy of the amount of compensation, the appropriate remedy for the petitioners lies in moving before the concerned Collector under Section 64 of the Act, 2013 requesting the said officer to refer the matter to the Land Acquisition, Rehabilitation and Resettlement Authority constituted under Section 51 of the Act, 2013.

4. Let the petitioners move before the concerned Collector within a period of one month from today. On such application being made, the concerned Collector shall do the needful in accordance with law to refer the matter to the Land Acquisition, Rehabilitation and Resettlement Authority.

5. The writ petition is accordingly disposed of. Sd/- (Prashant Kumar Mishra) Judge Shyna