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2025 DAILYLAW 3229 (CHH)

AJAY GUPTA v. STATE OF CHHATTISGARH

WPC/204/2025 · 2025-02-20

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:8797 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 204 of 2025 1 - Ajay Gupta S/o Purshottam Das Aged About 45 Years R/o Devendra Nagar Raipur City C- 22, Sector 2 Main Road Siltara Raipur District - Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management Mahanadi Bhawan Nava Raipur District - Raipur (C.G.) 2 - Collector Sakti District - Sakti (C.G.) 3 - Sub Divisional OfÏcer (Revenue) Cum Land Acquisition OfÏcer Dabhara District - Janjgir -Champa (Now District - Sakti (C.G.) 4 - Tahsildar Dabhara District - Sakti (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) :Shri Krishna Tandon, Advocate For Respondent/State :Shri Anmol Sharma, Panel Lawyer. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.02.21 16:10:41 +0530 2 Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 20.02.2025 1. By the present writ petition, the petitioner is seeking direction towards the respondent for release of compensation towards the land acquired by the respondent for construction of Saradih Barrage Tehsil- Dhabra District Janjgir-Champa now District- Sakti (C.G.). 2. Learned counsel for the petitioner submits that the land bearing khasra No. 340/3 area 2.33, 297/2 area 1.50, 340/2, 2.32 and 303 area 3.10 of the petitioner has been acquired and award dated 09.09.2022 has been passed by the Land Acquisition OfÏcer/ SDO in land acquisition case no. 01/A-82/2020-21. By referring the award and the Muwaja patrak, the petitioner submits that the name of the petitioner is found place at serial no. 4 at the Muwaja patrak, however, due to some objection raised by one Santrabai W/o- Jailal resident of village Navapara Tehsil Dabhra District- Sakti (C.G.), the The amount of compensation was not released to the petitoner. However subsequently the said Santrabai who has no relation with the land in question submitted a consent by swearing an afÏdavit (Annexure P/3) which was communicated to the Collector and Collector has issued a memo to the SDO (R) for disbursal of amount by asking for a report from the SDO (R), however, till date the compensation awarded by the Land Acquisition OfÏcer by award dated 09.09.2022 has not been released towards the petitioner. 3. Learend counsel for State would submit that on the application of the petitioner dated 03.03.2023 the Collector has asked a report 3 from the SDO vide communication dated 26.05.2023 (Annexure P/6) and if the report is not submitted by the SDO then necessary steps shall be taken in accordance with law and the amount of compensation shall be released towards the petitioner, if there is no dispute, within a stipulated period. 4. I have heard both the counsels for the parties and perused the award dated 09.09.2022 in land acquisition case no. 01/A-82/2020- 21 and Muafza patrak (Annexure P/4). 5. From perusal of the award and the Muwaja patrak, it appears that the land owned by the petitioner has been acquired, and an amount of compensation has been assessed by the Land Acquisition OfÏcer. It is also reflecting from the communication memo dated 26.05.2023 that the District Collector, Land Acquisition Branch has called for a report from SDO (R) for payment of the compensation towards the petitioner, hence as the award has already been passed by the Land Acquisition OfÏcer in a land acquisition procceeding, the Collector is directed to take necessary steps for disbursal of the land acquisiton compensation to the petitoner towards his land acquired by the resopndent within a period of 50 days, if there is no dispute in the title of the petitioner. 6. With the aforesaid direction, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib