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2025 DAILYLAW 1457 (CHH)

PURUSHOTTAM DAS DAGA v. STATE OF CHHATTISGARH

WPC/318/2025 · 2025-01-17

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:3019 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 318 of 2025 1 - Purushottam Das Daga S/o Lt. Banshidhar Daga Aged About 77 Years At- Daga Bhavan, Near Jagnnath Mandir, Gudhiyari, Raipur, (C.G.). --- Petitioner(s) versus 1 - State Of Chhattisgarh Through- Additional Chief Secretary, Revenue And Disaster Management, Department, At- Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur, ( C.G.). 2 - Land Acquisition And Sub- Divisional OfÏcer ( Revenue ) Raipur, At- Tehsil OfÏce, Ghadi Chowk, Raipur, ( C.G.). 3 - Collector District Raipur, At Collectorate Parisar, Ghadi Chowk, Raipur, ( C.G. ). --- Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Lukesh Kumar Mishra, Advocate appearing through Video Conferencing. For Respondent(s) : Shri Raj Kumar Gupta, Addl. Advocate General SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.01.17 23:53:38 +0530 2 Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 17.01.2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondent to consider his representation which has been submitted seeking interest under Section 34 of the Land Aquisition Act, 1894 ( for short,’the Act 1894’) on the award amount which has been awarded vide award dated 15.03.2010 passed by the Land Acquisition OfÏcer. 2. Learned counsel for the petitioner submits that the award amount was paid to the petitioner on 11.05.2020, because the application for apportionment the issue was pending before the learned District Judge. While deciding the reference learrned District Judge has not directed for payment of interest. The petitioner is making a limited prayer that his application pending before the respondent nos. 1 2 & 3 be directed to be decided within a stipulated period in accordance with the provision of Section 34 of Act 1894. 3. Learned counsel for the State would submit that if the application by which the petitioner is seeking interest under Section Section 34 of Act 1894 is pending before the authority, the same shall be considered within a stipulated period. 4. I have heard learned counsels for the parties and perused the documents available on record. 5. In view of the submission made by the learned counsel for the petitioner and State counsel, the Collector Raipur shall decide the 3 application pending before him, which has been filed by the petitioner. The petitioner is directed to submit a fresh representation reiterating the fact narrated in Annexure P/1, which has been filed by the petitioner herein in the writ petition within a period of 15 days and if the petitioner will file the said representation before the Collector, the Collector Raipur is directed to verify the fact narrated by the petitioner and pass a detail order regarding the interest which is being claimed by the petitioner on the award amount pursuance to award dated 15.03.2010. The Collector shall decide the said within a period of 2 months from today. 6. With the aforesaid direction, the writ petition is disposed off. Sd/- (Bibhu Datta Guru) Judge Shoaib