Amit Kumar Agrawal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5066 of 2021 Amit Kumar Agrawal S/o Shri Ramdev Prasad Agrawal Aged About 36 Years R/o Raigarh Road, Pathalgaon, Tehsil Pathalgaon, District Jashpur Chhattisgarh ---- Petitioner

Versus

1.

State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur District Raipur Chhattisgarh 2.

Collector Jashpur District Jashpur Chhattisgarh 3.

Sub Divisional Officer (Revenue) /competent Authority Pathalgaon District Jashpur Chhattisgarh 4.

Tahsildar Pathalgaon District Jashpur Chhattisgarh ----Respondents For Petitioner :

Mr. Surfaraj Khan, Advocate For State :

Mr. Chandresh Shrivastava, Dy. A.G.

Hon'ble Mr. Justice P. Sam Koshy Order on Board 10/12/2021 1.

The petitioner has filed the present writ petition seeking appropriate directions to the respondents to decide the claim of the petitioner for grant of rehabilitation and resettlement benefits in respect of the land belonging to the petitioner which was in village Madanpur Injako, Tehsil Patthalgaon, District Jashpur under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013.

2.

Perusal of the pleadings would show that the petitioner has moved an appropriate application before the respondent No.3, however under the Act of 2013 an appropriate application for the benefits under the

said Act has to be made to the District Collector as is required under Section 31.

3.

Given the said facts, the writ petition at this juncture stands disposed of permitting the petitioner to approach the respondent No.2 by moving an appropriate application under the Act of 2013 and the respondent No.2 in turn shall process the claim of the petitioner in accordance with law and take an appropriate decision at the earliest. The petitioner is also expected that in the said application, he should also make the National Highways Authority as a necessary party. 4.

With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved