Ganga Ram Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 5116 of 2021 Ganga Ram Sahu S/o Kishun Sahu, Aged About 47 Years, R/o Village Rawaa, Post Tarsiva, Tehsil Dhamtari, District Dhamtari (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur (Chhattisgarh)

2. Project Director, CSRSP, PIU (ADB Project) O/o Engineer-In-Chief, Public Works Department, Sirpur Bhawan, Raipur (Chhattisgarh)

3. The Collector, Dhamtari, District Dhamtari (Chhattisgarh)

4. The Sub Divisional Officer (Revenue) Dhamtari, District Dhamtari (Chhattisgarh) ---- Respondents For Petitioner :

Mr. Shishir Dixit, Advocate For State :

Mr. Chandresh Shrivastava, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order On Board 13.12.2021

1. Aggrieved by the alleged compensation that has been paid to the petitioner for the land and property belonging to him which has been acquired by the respondents for development and construction of roads under the Chhattisgarh State Road Connect Project, the present writ petition has been filed.

2. The contention of the counsel for petitioner is that the property has been acquired in terms of Annexure P-2 where there is a policy for acquisition of land with mutual consent of the parties. In terms of the

said policy the petitioner has been paid compensation for an amount of Rs. 4,12,319/- for the land belonging to the petitioner situated at Khasra No. 1109 measuring 0.0200 hectare at village Rawaa, Revenue Circle Bhothali, Tahsil and District Dhamtari (CG).

3. Perusal of the policy under which the acquisition has been done i.e. Annexure P-2 clearly reflects that in the event of any grievance, the claimant would have a liberty of approaching the district Collector ventilating his grievance in respect of the less compensation that has been paid and also in respect of any other grievance. The petitioner, in the instant case, has approached the District Collector vide representation Annexure P-5 dated 21.10.2021 but till date the same has not been finally decided which has led to the filing of the present writ petition.

4. Given the said facts and circumstances of the case, particularly considering the recourse available to the petitioner under the policy itself, the writ petition at this juncture stands disposed of directing the Complaint Redressal Committee to take an appropriate decision on the representation of petitioner in accordance with law after due scrutiny of the claim of petitioner at the earliest preferably with in a period of 4 months from the date of receipt of copy of this order. In addition to the representation Annexure P-5 collectively filed by the petitioner, he would also be at liberty to approach the respondent - Complaint Redressal Committee ventilating his grievances who in turn is also directed to scrutinize and finalize the same in accordance with law.

Sd/- (P. Sam Koshy) Judge Khatai