1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3205 of 2020 Reserved On 06/05/2025 Pronounced On 09 /05/2025 1 - Bhola Prasad Choubey (Died ) Through Lrs As Per Hon'ble Court's Order Dated 06-05-2024. 1.1 - Smt.Poonam Jadhav W/o Ankit Jadhav Aged About 34 Years R/o Professor Colony, Sector - 1, Street-3.H.No. 193, Raipur, Tehsil And District - Raipur (C.G.). 1.2 - Yogendra Choubey S/o Bhola Prasad Choubey Aged About 40 Years R/o 49/620, Coubey Atta Chakki, Nehru Nagar, Budhatalab Marg, Ward No.49, Raipur, Tehsil And District - Raipur (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Department Of Housing And Environment, Mahanadi Bhawan, Nava Raipur, Atal Nagar (Chhattisgarh). 2 - Naya Raipur Development Authority (Nava Raipur Atal Nagar Vikas Pradhikaran) Through Its Chief Executive Officer, Paryavas Bhawan, North Block, Sector 19 Nava Raipur Atal Nagar, 492002 (Chhattisgarh). 3 - Chief Manager, Nava Raipur Atal Nagar Vikas Pradhikaran, Paryavas Bhawan, North Block, Sector 19 Nava Raipur, Atal Nagar Chhattisgarh. ... Respondents ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2025.05.09 17:07:42 +0530 2 For Petitioners : Mr. Akash Kumar Kundu, Advocate For State/ Respondent No.1 : Mr. Ruhul Ameen, P.L. For Respondents No.2 & 3 : Mr. A.S. Kachhawaha, Advocate S.B. : Hon'ble Shri Justic e Sanjay S. Agrawal CAV Order 1. Being aggrieved with the order dated 16.12.2019 (Annexure P/1) and order dated 10.10.2017 (Annexure P/7), passed by the Respondent Authorities of Naya Raipur Development Authority, Raipur (in short “NRDA”), insofar as, sanctioning an amount of Rs. 3,99,662/- (Three Lakhs Ninty Nine Thousands Six Hundred Sixty Two) for the construction of house over the plot allotted under the rehabilitation scheme based upon PWD Schedules of Rates, 2009 (In short “SOR”), the petitioner has filed this petition seeking the reliefs at para 10 as under:- “10.1 That the court may kindly be pleased to issue appropriate writ/ direction or order calling upon the entire record from the respondents pertaining to the matter of the petitioner. 10.2 That the court may kindly be pleased to issue writ/direction/order of appropriate nature quashing the impugned order/letter dated 10.10.2017 (Annexure P- 7) and the amended order/ letter dated 16.12.2019 (Annexure P-1) so far as it related to the quantum of construction amount, which is being arbitrarily calculated as per the SOR 2009 and thereby direct the respondents to grant the petitioner a construction cost with an PWD SOR of year 2015.” 2. From perusal of the record, it appears that under the development plan of Naya Raipur, the house of petitioner, namely, Bhola Prasad Choubey (since deceased, now represented by his legal representatives, namely, Smt. Poonam Jadhav and another), 3 situated at Village Rakhi, Revenue Circle Mandir Hasaud, Raipur, was affected and, in lieu thereof, he was allotted a piece of land ad-measuring 2000 sq.ft. of Plot No.(D-19) as also sanctioned the funds to the tune of Rs.3,99,662/- (Three Lakhs Ninty Nine Thousand Six Hundred Sixty Two) for the construction of house over an area of 600 sq.ft. 3. It appears that the petitioner was initially allotted a plot constructed with the house at Village New Rakhi pertaining to House No.”D-94” vide order dated 08.06.2010 (Annexure P/2), amended vide order dated 13.01.2011, but, since it was in dilapidated condition, a request was made by the petitioner on 02.06.2011 before the concerned respondent authorities of NRDA, Raipur for it’s repair. 4. It appears further that the alleged allotment of House No.“D-94” was cancelled by the concerned respondent authorities vide order dated 21.09.2015 (Annexure P/4), as the same was found to be let-out to one Raghuvar Singh Jagat, S/o Samund Singh, in violation of Clause 5.9 of the Rehabilitation Scheme and, thereafter, allotted to one Shyamlal vide order dated 22.09.2015. 5. Be that as it may, a fresh allotment order dated 07.06.2016 (Annexure P/5) was made by the concerned respondent authorities of NRDA, Raipur allotting the petitioner ad measuring 2000 sq.ft. (Plot No.“D-19”) with a permission to construct over an area of 600 sq.ft. under terms and conditions as stipulated 4 therein, but, the possession of it was, however, provided on 26.05.2017 (Annexure P/6) i.e. after passing of the considerable period of more than 11 months, while sanctioning a sum of Rs.3,99,662/- for the construction of house over an area of 600 sq.ft. vide order dated 10.10.2017 (Annexure P/7). 6. It appears further that since the petitioner was not satisfied with the alleged sanctioned amount, several representations were made by him on 15.05.2018, 20.07.2018, 19.12.2018 and 19.04.2019. It, however, appears that vide order impugned dated 16.12.2019 (Annexure P/1), the concerned respondent authorities of NRDA, Raipur, have amended and changed the allotted Plot No.“D-19” with that of Plot No.“E-9”, while permitting the petitioner to construct the house over an area of 600 sq.ft. along with an amount of Rs.3,99,662/-, as was sanctioned earlier vide order dated 10.10.2017 (Annexure P/7). But, no reply was, however, given that under what basis, the alleged amount was sanctioned, a request was, therefore, made by the petitioner before the Information Officer on 08.01.2020 (Annexure P/15) seeking the basis, for which, the alleged sanctioned amount was fixed, who in turn, vide its letter dated 06.02.2020 informed while annexing the letter of NRDA, Raipur dated 06.12.2014, that the same has been assessed as per prevailing trend @ 20% above from the CG- PWD SoR, 2009. It is to be seen at this juncture that when the final allotment order was issued on 07.06.2016 (Annexure P/5), amended on 16.12.2019 (Annexure P/1), the PWD SoR, 2015, 5 came into existence and, therefore, there was no reason to sanction the alleged amount of Rs.3,99,662/- by enhancing 20% to the old (PWD) SoR, 2009. Even, vide letter dated 14.10.2020 (Annexure P/13), the petitioner was informed that all the beneficiaries, like him, have been provided with a construction cost at PWD SoR of the Year 2015. 7. In view of the aforesaid background, the order impugned dated 16.12.2019 (Annexure P/1) and 10.10.2017 (Annexure P/7) passed by the concerned respondents authorities of NRDA, Raipur, insofar as sanctioning the amount of Rs.3,99,662/-, is concerned, are quashed and the petitioner is held to be entitled to get the amount towards the construction of the house over an area of 600 sq.ft., as required under the Rehabilitation Scheme based upon the PWD SoR prevailing in the Year 2015. 8. Before parting with the matter, it is to be noted that despite issuance of the allotment order dated 07.06.2016 (Annexure P/5), the possession of the concerned plot was handed over to the petitioner after passing of the considerable period of more than 11 months while issuing the possession certificate, dated 26.05.2017 (Annexure P/6) and the construction amount for the said purpose was sanctioned subsequent thereof, i.e. vide order impugned dated 10.10.2017 and 16.12.2019 and, I do not find any explanation to this effect as to why the huge time was taken by the concerned respondent authorities of NRDA, Raipur, which 6 certainly caused mental torture to the petitioner and, therefore, he is entitled to be compensated in this regard. I, therefore, awarded him a lump sum amount of Rs.25,000/- towards compensation payable by the concerned respondent authorities of NRDA, Raipur, within a period of 45 days from today, failing which, the said amount of compensation shall carry interest @ 6% per annum from the date of issuance of the allotment order, dated 07.06.2016 (Annexure P/6) till its realization. 9. The petition is, accordingly, allowed with the aforesaid direction. Sd/- (Sanjay S. Agrawal) Judge Arpan