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2025 DAILYLAW 36880 (CHH)

ADITYA REAL ESTATES AND DEVELOPMERS PVT. LTD. v. STATE OF CHHATTISGARH

WPC/4890/2021 · 2025-01-24

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:4429 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4890 of 2021 Aditya Real Estates And Developmers Pvt. Ltd. Through- Its Director, Sanjesh Gupta, S/o Shri Sajjan Kumar Gupta, Aged About 34 Years, R/o House No. 9, Park Street No. 1, Near Dussehra Ground, Choubey Colony, Raipur (C.G.) ... Petitioner(s) versus 1. State Of Chhattisgarh Through- Its Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Raipur (C.G.) 2. Executive Engineer Public Works Department, Sambhag No. 1, Raipur (C.G.) 3. Collector Collectorate, Raipur (C.G.) 4. Sub-Divisional Officer (Revenue) And Land Acquisition Officer Collectorate, Raipur (C.G.) 5. Naib Tehsildar Collectorate, Raipur (C.G.) ... Respondent(s) For Petitioner : Mr. Sumesh Bajaj, Advocate For State/ Respondents : Mr. Shubham Bajpai, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 24/01/2025 1) Learned counsel for the petitioner submits that petitioner is the land owner of land bearing Khasra Nos. 341/36, 341/37, 341/39 and 341/10 ad-measuring 0.025 hectare, 0.047 hectare, 0.047 hectare and 0.047 hectare respectively situated at Aamapara to Telghani Naka Main 2 Road, Raipur. He further submits that 252 sq. ft. land out of the aforementioned land was used by respondents for construction of road and petitioner was offered two times F.A.R. (Floor Area Ratio) in lieu of compensation for acquisition. He contends that offer of two times F.A.R. was canceled by the Municipal Corporation, Raipur itself vide order dated 22.10.2018. He further contends that respondents have not made payment of compensation till date and no proceeding with regard to land acquisition was initiated at the time of acquisition. 2) On the other hand, learned State counsel submits that petitioner was offered two times F.A.R. in lieu of compensation but he failed to accept the offer. 3) Heard. 4) Taking into consideration the fact that offer of two times F.A.R. was cancelled by Municipal Corporation, Raipur and till date amount of compensation has not been paid to petitioner, therefore, respondent authorities are directed to initiate a land acquisition proceeding within period of 30 days from today. The authority concerned is also directed to make endeavors to conclude the proceeding within further period of 60 days and thereafter make payment of compensation strictly in accordance with the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 5) With regard to interest part, petitioner will be at liberty to approach the appropriate authority. 6) Accordingly, instant writ petition stands disposed of. Sd/- Rakesh Mohan Pandey JUDGE Ajinkya