Kaushilya Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) NO.

Kaushilya Bai, W/o Late Shri Dinanath, aged about 57 years, R/o Village Bayeng, Block Raigarh, District Raigarh (CG) ... Petitioner versus 1.

State of Chhattisgarh, through the Secretary, Department of Revenue, Mahanadi Bhawan, Mantralaya, Naya Raipur, Distt. Raipur (CG) 2.

State of Chhattisgarh, through Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Distt. Raipur (CG) 3.

Collector, Raigarh, District Raigarh (CG) 4.

Sub Division Officer (R) cum Land Acquisition Officer, Raigarh, Block Raigarh, District Raigarh (CG) 5.

Sub Division Officer (Public Works Department), Sub Division - Raigarh, District Raigarh (CG) ... Respondents For Petitioner :

Mr. Jeet Patel, Advocate For Respondents/State :

Mr. V.R. Tiwari, Addl. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 06/12/2019 1.

Grievance of the petitioner in the present writ petition is the inaction on the part of the respondents in not paying the petitioner the compensation against the land belonging to her which has been acquired for the purpose of construction of Chaple-Bayeng-Nandeli Road. 2.

According to the petitioner, the said property has been taken over/ acquired by the respondents under the Mutual Consent Land Purchasing Scheme, 2016. Further contention of the petitioner is that the respondents themselves had vide order dated 30.10.2019 amended the aforesaid scheme of 2016 and have ordered that the compensation has to be calculated applying the multiplier of 2 in the event if the land situates in the rural area and the multiplier of 4 in case if the land situates in the urban area. According to the petitioner, neither the respondents have paid any compensation to her nor have they properly assessed or quantified the actual compensation that she is entitled for.

3.

Given the aforesaid facts and circumstances of the case, this Court is of the opinion that the present writ petition itself can be disposed of, directing the respondents no. 3 and 4 to immediately consider the claim of the petitioner so far as grant of compensation to the petitioner against the land belonging to her, which has been acquired for construction of ChapleBayeng-Nandeli Road. 4.

The respondents are also expected to consider the claim of the petitioner in terms of the scheme applicable. It is expected that the authorities concerned would decide the same subject to the verification of the entire facts.

5.

It shall be the responsibility of the petitioner to apprise the respondents no. 3 and 4 so far as the order passed by this Court today is concerned.

6.

With the aforesaid, the writ petition stands disposed of. Sd/-Ssd/-d/- (P. Sam Koshy) Judge /sharad/