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2025:CGHC:11005
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1225 of 2025 1 - Smt. Kaushliya Bai W/o Mohan Lal Aadile Aged About 68 Years R/o Village Basin Tahsil Malkharouda District Sakti (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Distt. Raipur (C.G.) 2 - State Of Chhattisgarh Through Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Distt. Raipur (C.G.) 3 - Collector, Sakti, Distt. Sakti (C.G.) 4 - Sub Divisional Officer (R)/Land Acquisition Officer, Malkharoda, Distt. Sakti (C.G.) 5 - Executive Engineer, (B/R) Public Works Department, Division Champa, District- Janjgir-Champa (C.G.). ... Respondents (Cause title is taken from Case Information System)
2 / 3 For Petitioner : Mr. F. S. Khare, Advocate For Respondents/State : Mr. Santosh Bharat, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 06/03/2025
1. By the present writ petition, the petitioner who is owner of land bearing Khasra No. 127/2 admeasuring 0.036 Hectare and 127/3 admeasuring 0.066 Hectare situated at Village Basin, P. H. No. 13, Tahsil Malkharouda, District Sakti, is seeking a direction towards the respondent authorities to comply with the award dated 28/06/2022 (Annexure P/1) passed by the Land Acquisition, Rehabilitation and Resettlement Authority, Chhattisgarh.
2.
Learned counsel appearing for the petitioner submits that the land of the petitioner has been utilized for construction of Basantpur- Parsada-Ghoghri Road in the year 2014-15. He would submit that the authority has decided the reference case No.139/219 directing the respondent authorities to make payment of compensation amount alongwith interest within a period of three months however, till date, the respondent authorities are not making payment of compensation as per the award dated 28/06/2022 (Annexure P/1). He further submits that the petitioner has also submitted a representation dated 27/12/2024 (Annexure P/2) before the Collector, Sakti, however, no action/steps has been taken for compliance of the award passed by the Authority.
3.
Learned counsel appearing for the State submits that as the petitioner has already approached before the Collector by submitting a representation and if the said representation is still pending before
3 / 3 the Collector, the same shall be considered and necessary order will be passed in accordance with law if the award passed by the Authority has not been challenged before any higher forum.
4. I have heard learned counsel for the parties, perused the document as well as the award dated 28/06/2022 (Annexure P/1).
5. From perusal of the award passed by the authority, it appears that the Authority has directed the respondent authorities to make payment of compensation amount alongwith interest within a period of three months, however, till date the compensation amount has not been released to the petitioner.
6. In view of the above, the petitioner is directed to approach the respondent No.3/ Collector, Sakti, along with a copy of this order and in such event, the Collector, Sakti is directed to decide the pending representation dated 27/12/2024 (Annexure P/2), in accordance with law and on its own merits, within a period of 50 days from the date of receipt of a copy of this order.
7. With the aforesaid direction, this writ petition is disposed of.
Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar