1 2025:CGHC:2023 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1816 of 2014 1 - Radhe Lal Dhruv S/o Lt Nammu Prasad Dhruv Aged About 43 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, Chhattisgarh 2 - Keja Bai Dhruv D/o Feru Ram Dhruv Aged About 50 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh 3 - Ghasiya Dhruv W/o Jodhan Ram Dhruv Aged About 60 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh 4 - Punau Ram Dhruv S/o Lt Manglu Dhruv Aged About 75 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh 5 - Bhagirath Dhritlahare S/o Lt Ramcharan Dhritlahare Aged About 70 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh 6 - Dwarika Dhritlahare S/o Lt Ramcharan Dhritlahare Aged About 58 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh 7 - Rukmani Bai W/o Bedlal Aged About 49 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh 8 - Sundar Lal Dhritlahare S/o Ankalha Dhritlahare Aged About 43 Years -2- R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh 9 - Bugali Bai Markande W/o Dukalha Ram Markande Aged About 60 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh 10 - Jagannath Patel S/o Lt Sakharam Patel Aged About 70 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh 11 - Khoru Ram Patel S/o Lt Pirthi Ram Patel Aged About 72 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh 12 - Nathel @ Nathelu Ram Markandey S/o Budhram Markendey Aged About 54 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh 13 - Pardeshi Ram Dhruv S/o Tukuram Dhruv Aged About 56 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh 14 - Rajendra Sahu W/o Lt Kunwar Lal Sahu Aged About 50 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh 15 - Rambai Sahu W/o Lt Kunwar Lal Sahu Aged About 50 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh 16 - Dev Singh Patel S/o Kartik Ram Patel Aged About 66 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh 17 - Keju Ram Patel S/o Ramadhin Patel Aged About 70 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh 18 - Manrakhan Patel S/o Gove5rdhan Ram Patel Aged About 42 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh 19 - Sundaru Ram Barle S/o Motiram Barle Aged About 55 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh 3 20 - Bhibhishan S/o Lt Dhanva Aged About 42 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh 21 - Ram Bharosa Patel S/o Shri Ramadhin Patel Aged About 45 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh 22 - Mannu Ram Patel S/o Lt Sahdeo Ram Patel Aged About 56 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh 23 - Rambhau Bais S/o Lt Ramcharan Bais Aged About 80 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh 24 - Rewaram Bais S/o Lt Shobha Ram Bais Aged About 55 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh 25 - Jagat Ram Patel S/o Shri Sahdev Patel Aged About 60 Years R/o Village Toota, Tah Abhanpur, Ps Mandir Hasoud, Civil And Revenue Distt Raipur, Cg, District : Raipur, Chhattisgarh ... Petitioner(s) versus 1 - State Of ChhattisgarhThrough The Secretary, Department Of Housing And Environment, Mantrlaya, Naya Raipur, Dist Raipur, Cg, Chhattisgarh 2 - Department Of Agriculture And Animal Husbandry, Through Secretary, Mantralaya, Naya Raipur, Dist Raipur, Cg, District : Raipur, Chhattisgarh 3 - District Collector Collectorate, Raipur, Dist Raipur, Cg, District : Raipur, Chhattisgarh 4 - Naya Raipur Development Authority Through Its Chief Executive Officer, New Rajendra Nagar, Infront Of Vijeta Complex, R.D.A. Building, Raipur, Dist Raipur, Cg, District : Raipur, Chhattisgarh 5 - Dr. Ghanshyam Tandon Zila Panchayat, Sadasya, No.10 Zila Panchayat, Raipur, Dist Raipur, Cg, District : Raipur, Chhattisgarh 6 - Krishna Kumar Sahu Sarpanch, Village Panchayat, Rakhi, Member Of Committee Constituted For Price Fixation, R/o Vill Rakhi, Ps Rakhi, New Raipur, Dist Raipur, Cg, District : Raipur, Chhattisgarh -4- ---- Respondents For Petitioners : Ms. Hamida Siddiqui, Advocate For State : Mr. Vedant Shadangi, Panel Lawyer For Respondent No.4/NRDA : Mr. Praveen Das, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 13.01.2025 1) The petitioners have filed this petition seeking the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to sale/ purchaser of the land of village Toota, Tahsil Arang, District Raipur (C.G.). 10.2 That, the difference of the amount which was actually right of the petitioners at that time be given. Tha land be given to the petitioner as per the rehibilation policy as per Special Rehibitation Policy of NRDA. That, ratio is 2000 from 3600 sqfect, other benefit of residential house as well as Gumti etc be given. The land oustees dependent may also be directed to provide suitable employment. The petitioners/farmers who reside in Abadi land or other government land should be given Bhumi- swami right as there is no place other then these land for them to reside. 10.3 That, the land oustees (dependent) may also be directed to provde suitable employment. 10.4 That, the petitioners/ farmers who reside in Abadi land or other government land should be given Bhumi- Swami right as there is no place other than these lands for them to reside. 10.5 That, respondent authorities be directed to provide the other facilities and benefits flowing from rehabilitation policy of NRDA, as well as rehabilitation policy of the State. 10.6 That, the decision (dated 10-04-2013 and 13-04- 5 20133) by Shashakt Samiti should be followed verbatim within stipulated time. 10.7 That, the rehabilitation policy of NRDA specialy para 4 and 5 be directed to be complied with." 10.8 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner together with cost of the petition.” 2) Ms. Siddiqui, the learned counsel appearing for the petitioners would argue that the lands of the petitioners were purchased by respondent No.4/NRDA contrary to the provisions of Section 56 of Nagar Tatha Gram Nivesh Adhiniyam, 1973. She would further argue that the appropriate compensation was not paid and other benefits were also not provided to the petitioners whereas the lands were purchased under the special scheme. She would submit that representations made by the petitioners have not been considered yet by the respondent authorities and thus, she would pray that direction(s) may be issued to respondent No.4/NRDA to decide the pending representations of the petitioners. 3) On the other hand, Mr. Das, the learned counsel appearing for respondent No.4 would oppose the submissions made by Ms. Siddiqui, He would submit that the registered sale deeds were executed by the land oustees in favour of respondent No.4/NRDA, therefore, they cannot challenge the conditions mentioned in the sale deeds. He would further submit that the compensation and in lieu of rehabilitation, additional compensation were paid to the land oustees. He would lastly -6- submit that the present petition deserves to be dismissed. 4) Mr. Shadangi, the learned Panel Lawyer appearing for the State would submit that there is a dispute between the petitioners and respondent No.4. 5) I have heard the learned counsel appearing for the parties and perused the documents placed on the record. 6) Taking into consideration the limited prayer made by Ms. Siddiqui, the learned counsel appearing for the petitioners, the present petition is disposed of reserving liberty in favour of the petitioners to make a fresh representation(s) before respondent No.4/NRDA and in turn, the authority concerned is directed to decide such representation preferably within a period of 90 days from the date of receipt of a copy of this order. 7) With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha