Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:11008
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1229 of 2025 1 - Hiramati Potai W/o Sukhram Potai Aged About 31 Years R/o Village- Jhara, Post- Mahimagawadi, Tahsil And District - Narayanpur (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through - Chief Secretary, Mantralaya, Naya Raipur, District- Raipur (C.G.) 2 - Secretary Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 3 - Secretary Department Of Home, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 4 - Collector Narayanpur, District- Narayanpur (C.G.) 5 - Tahsildar Tahsil- Narayanpur, District- Narayanpur (C.G.) 6 - Naib Tahsildar Chhote Gonda, Tahsil- Narayanpur, District- Narayanpur (C.G.) ... Respondents (Cause title is taken from Case Information System)
2 / 4 For Petitioner : Ms. Rajni Soren, Advocate For Respondents/State : Ms. Anuja Sharma, 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. 142 admeasuring 1.07 Hectare situated at Village Jhara, Tahsil & District Narayanpur, is seeking a direction towards the respondent authorities to make payment of compensation as per the provisions under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
2.
Learned counsel appearing for the petitioner submits that the land of the petitioner has been acquired by the respondent authorities for construction of Police Camp in the year 2011 however no compensation has been paid to the petitioner towards the said land. He further submits that though the land of the petitioner has been utilized by the respondent authorities but no proceeding was initiated for acquisition of the land, however, the Tahsildar, vide communication dated 16/07/2021 (Annexure P/1), had proposed that some government land will be provided to the petitioner in lieu of the land which has been acquired by the respondent authorities for construction of police camp. Subsequently, the village panchayat and the villagers have refused to provide the said government land to the petitioner and for which the petitioner has also not accepted the proposal of the Tahsildar and further
3 / 4 requested to make payment of compensation towards her land. He further submits that the petitioner has approached the Collector, Narayanpur by submitting a representation dated 07/10/2024 however, the same has not been decided till date and no steps has been taken for payment of compensation to the petitioner.
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 the Collector, the same shall be considered by examining the grievance raised by the petitioner and if it is found that the land of the petitioner has been acquired for construction of the police camp, necessary steps shall be taken for payment of compensation in accordance with law.
4. I have heard learned counsel for the parties, perused the document as well as the communication dated 16/07/2021 (Annexure P/1), Panchnama (Annexure P/2) made by the villagers and the representation submitted by the petitioner.
5. From perusal of the pleadings, it appears that the land of the petitioner has been utilized for construction fo police camp without acquiring the same however, a proposal was given for exchange of the government land but the said proposal could not be materialized for some or other reason and the respondents have not paid any compensation towards the said land.
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6. In view of the above and considering the fact that the petitioner has already approached the Collector by raising her grievance, the respondent No.4/ Collector, Narayanpur is directed to examine the grievance raised by the petitioner by making a spot inspection and if it is found that the land of the petitioner has been utilized for construction of police camp, necessary steps shall be taken for acquisition of the said land and to make payment of compensation, in accordance with law and on its own merits, within a period of three months from the date of receipt of a copy of this order.
7. The petitioner is at liberty to apprise the respondent authorities with regard to the order passed by this Court.
8. With the aforesaid direction, this writ petition is disposed of.
Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar