Smt. Nirupa Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 3637 of 2019

1. Smt. Nirupa Bai W/o Ram Dayal Netam, Aged About 59 Years, D/o. Lakhan Lal, R/o. Ward No. 4 Bastipara Taroud, District Janjgir-Champa Chhattisgarh

2. Smt. Shanti Bai W/o. Jivan Singh Netam, Aged About 45 Years, D/o. Lakhan Lal, R/o. Village Katnai, District Janjgir-Champa, Chhattisgarh

3. Smt. Beena Bai W/o. Ramesh Kumar Jagat, Aged About 57 Years, D/o. Lakhan Lal, R/o. Village Hardi Bazar, District Korba, Chhattisgarh

4. Smt. Dhaneshwari W/o. Tiharu, Aged About 50 Years, D/o. Lakhan Lal, R/o. Village Kotmisonar, District Janjgir-Champa, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh

2. Collector, District Janjgir-Champa, Chhattisgarh

3. Sub Divisional Officer (Revenue)-Cum-Competent Authority, National Highway No. 200 (New No. 49) Champa, District Janjgir-Champa Chhattisgarh ---- Respondents For Petitioners :

Shri Govind Dewangan, Advocate For State :

Shri Anshuman Shrivastava, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 15.10.2019

1. The grievance of the petitioners is that the respondents have acquired

land belonging to the petitioners in which all the petitioners are coowners of the land bearing Khasra No.96 measuring 0.228 hectare situated at village Taroud, Tahsil Akaltara, District Janjgir-Champa, Chhattisgarh for construction and widening of National Highway No.200 (New No. 49). According to the petitioners, they have not been granted any compensation whatsoever neither has the compensation been granted to any of other co-owners of the said property.

2. Subject to verification of the aforesaid facts, this Court is of the opinion that the writ petition can be disposed of with a direction to the petitioners to appear before the respondent no.3 who in turn shall consider the claim of the petitioners for compensation against the land belonging to the petitioners which has been acquired. The claim of the petitioners shall be processed and decided at the earliest preferably within a period of 3 months from the date of receipt of copy of this order. If the petitioners are held to be entitled for compensation and they are not given the compensation within 90 days as stipulated, the compensation amount shall carry interest @ 10% per annum from the date the land was acquired till the date of actual payment.

3. It shall be the responsibility of the petitioners to apprise the order passed by this Court to the respondent no.3 by moving an appropriate application. The petitioners are also expected to fulfill the requisite formalities so far as the claim for compensation is concerned.

4. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) JUDGE Khatai