Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:2548
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2129 of 2024 1 - Vinay Kumar Kaiwart S/o Laxman Lal Kaiwart Aged About 29 Years R/o Quarter No. A-2139, Narmada Vihar, N.T.P.C., Korba, District Korba (C.G.). 2 - Ramkrishna Kewat S/o Panchram Kewat Aged About 59 Years R/o Dumardih, Post - Risdhi, Tahsil And District Korba (C.G.). 3 - Rakesh Kumar Kewat S/o Ramnarayan Kewat Aged About 22 Years R/o Mauhadih, Post - Bhilai Bazar, District Korba (C.G.).
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Collector And District Magistrate, Korba, District Korba (C.G.). 2 - The Sub - Divisional OfÏcer (Revenue) And Magistrate, Korba District Korba (C.G.). 3 - The Tahsildar And Executive Magistrate, Korba District Korba (C.G.). 4 - National Thermal Power Corporation (N.T.P.C.) Through The Chief General Manager, N.T.P.C. Korba, District Korba (C.G.)
.. Respondent(s) AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.01.16 10:46:44 +0530
2 For Petitioner(s) : Shri Sangeet Kumar Kushwaha and Ms. Priya Kaiwart, Advocates. For Respondent No.4 : Shri Anuroop Panda, Advocate. For State Shri Anurag Tripathi, PL.
Hon'ble Shri Justice Deepak Kumar Tiwari
Order on Board 15/01/2025
1. This petition has been filed under Article 226 of the Constitution of India seeking following reliefs:- 10.1 That, this Hon'ble Court may kindly be pleased to call the records pertaining to the case from the respondent authorities. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby setting-aside the impugned order dated 18.03.2024 (Annexure P/1). 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to release proper compensation towards acquired land of petitioners and also provide employment to the family member of petitioners towards acquired land, forthwith, in accordance with law. 10.4 To kindly grant any other relief which may be deem fit in the given
facts and circumstances of the instant case.
2. At the outset learned counsel for the petitioners submits that this petition may be disposed of with a direction to Respondent No.4 to decide the fresh representation filed by the petitioners individually in an expeditious manner, within stipulated time frame as the petitioners are land oustees who, as per the policy, are entitled for employment as also for compensation. He further submits that representation as regards compensation is already pending before concerned competent authority.
3. Counsel for the Respondent No.4 would not oppose the aforesaid prayer.
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4. Considering the prayer made by learned counsel for the petitioners, it is
directed that if the petitioners make fresh representation seeking employment and compensation individually, the concerned competent authority of the respondents shall consider and decide the same, in an expeditious manner preferably within a period of 6 months from the date of receipt of representation, in accordance with law.
5. It is made clear that this Court has not expressed any opinion on the merits of the case and the concerned competent authority would be at liberty to decide the representation strictly on its own merits, according to the settled legal principles and applicable law, rules etc.
6. It is further made clear that the representations preferred by the petitioners shall not be construed to be an extension of limitation or relaxation in the applicable legal provisions.
7. With the aforesaid direction, this Writ Petition is disposed of. Sd/-
(Deepak Kumar Tiwari)
Judge Avinash