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2025 DAILYLAW 3345 (CHH)

LAXMICHAND (Died Through Lrs) v. STATE OF CHHATTISGARH

WPC/451/2025 · 2025-08-25

Shri Arvind Kumar Verma

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Judgment text

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1 2025:CGHC:43229 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 451 of 2025 1 - Laxmichand (Died Through Lrs) As Per Honble Court Order Dated 04-07-2025 1.(a)- Smt. Suman Nathani Wd/o Late Laxmichand Aged About 80 Years R/o A- 404, Garden Estate Laxmi Nagar, Opp. Vibgyor School, Goregaon, West Mumbai , Mumbai, Maharashtra, - 400104 1.(b) - Rajendra Kumar Laxmichand Nathani S/o Late Laxmi Chand Nathani Aged About 60 Years R/o A- 404, Garden Estate Laxmi Nagar, Opp. Vibgyor School, Goregaon, West Mumbai , Mumbai, Maharashtra, - 400104 2 - Panna Lal Nathani (Died) Through Lrs Nil 2.(a) - Smt. Phool Nathani Wd/o Late Panna Lal Nathani Aged About 75 Years R/o Surya Apartment, Behind Civil Lines, Raipur, C.G. 2.(b) - Raghavendra Nathani S/o Late Panna Lal Nathani Aged About 40 Years R/o Surya Apartment, Behind Civil Lines, Raipur, C.G. 3 -Ratan Lal (Ramratan Nathani) (Died) Through The Lrs Nil. 3.(a) - Smt. Saroj Nathani Wd/o Late Ramratan Nathani Aged About 67 Years R/o Civil Lines, Behind I T Colony Raipur, C.G. 3.(b) - Abhishek Nathani S/o Late Ramratan Nathani Aged About 38 Years R/o Civil Lines, Behind I T Colony Raipur, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, C.G. 2 - Executive Engineer Chhattisgarh Housing Board, Shankar Nagar, Raipur, District- Raipur, C.G. 3 - The Chairman Chhattisgarh Housing Board, Shankar Nagar, Raipur, District- Raipur, C.G. 2 4 - Land Acquisition Officer Collectorate Building, Raipur, District - Raipur, C.G. ...Respondents ----------------------------------------------------------------------------------------------- For Petitioner : Mr. VVS Murthi, Sr. Advocate with Mr. Shantanu Kumar & Mr. Sachin Chaturvedi, Advocate. For Respondent-State : Mr. Praveen Das, Dy. AG. For Respondent-Housing Board : Mr. Sanjay Patel, Advocate. ---------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 26.08.2025 1. This writ petition has been preferred under Article 226 of the Constitution of India seeking following reliefs: “10.1 It is prayed that this Hon'ble Court may kindly be pleased to call for the entire records pertaining to case of the petitioners from the possession of the respondents for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ directing the Respondent No.4, Land Acquisition Officer, Raipur to modify the impugned award dated 20/06/2024 passed in L.A.No.190/A-82/1974- 75 10.3. That, this Hon'ble Court may kindly be pleased to issue an appropriate writ of mandamus directing the respondents to make payment of proper compensation along with interest calculating from the date of acquisition/possession of the land, i.e. 15/04/1977; OR As per the guidelines of WA 07/1019 of this Hon'ble Court, compensation be paid calculating the value at the rate of square-feet of first half-acre of land a rest on the basis of agriculture land; 3 OR As per earlier agreed term in the year 1975 entire compensation on square-feet basis. 10.4 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ of mandamus directing the respondent State to make payment of interest since 15/04/1977 due to negligence on the part of the State Government, 10.5 Any other relief/reliefs, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition, may also please be granted to the petitioner.” 2. Learned counsel for the respective parties contended that petitioners have already avail the alternate remedy before the Land Acquisition, Rehabilitation & Resettlement Authority and placed before this Court document dated 06.08.2025 showing that the Presiding Office has already been appointed for redressal of grievance of the petitioners, hence, this writ petition may be disposed of with a direction the Presiding Office/Authority concerned to consider and decide the reference filed by the petitioners under Section 64 of the Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 (‘Act of 2013’) in accordance with law, within specified time frame. 3. Heard learned counsel for the parties and perused the material available on record. Document dated 06.08.2025 be taken on record. 4. Considering facts of the case, above submissions of counsel for the parties, particularly the document dated 06.08.2025, writ petition is disposed of directing the concerned Authority to consider and decide 4 the reference filed by the petitioners under Section 64 of the Act of 2013 in accordance with relevant rule/law/regulation within a period of ‘06 months’ from the date of receipt of copy of this order. 5. It is made clear that this Court has not expressed any opinion on merits of the case. CC as per rules. Sd/- Sd/- (Arvind Kumar Verma) Judge J/-