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2025 DAILYLAW 39452 (CHH)

ANJORILAL v. STATE OF CHHATTISGARH

WPC/4378/2025 · 2025-08-17

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:41363 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4378 of 2025 1 - Anjorilal S/o Shri Devprasad Aged About 26 Years R/o Village - Hardi Vishal, Tahsil - Baloda, District Janjgir-Champa (Chhattisgarh) 2 - Jagannath S/o Firturam Mahilange Aged About 65 Years R/o Village - Hardi Vishal, Tahsil - Baloda, District Janjgir-Champa (Chhattisgarh) 3 - Devlal S/o Firtu Aged About 60 Years R/o Village - Hardi Vishal, Tahsil - Baloda, District Janjgir-Champa (Chhattisgarh) 4 - Jagdish S/o Firtu Aged About 50 Years R/o Village - Hardi Vishal, Tahsil - Baloda, District Janjgir-Champa (Chhattisgarh) 5 - Mukesh Kumar S/o Devprasad Aged About 24 Years R/o Village - Hardi Vishal, Tahsil - Baloda, District Janjgir-Champa (Chhattisgarh) 6 - Dinesh Kumar S/o Devprasad Aged About 22 Years R/o Village - Hardi Vishal, Tahsil - Baloda, District Janjgir-Champa (Chhattisgarh) 7 - Vrinda Bai D/o Devprasad Aged About 32 Years R/o Village - Hardi Vishal, Tahsil - Baloda, District Janjgir-Champa (Chhattisgarh) 8 - Savitri D/o Devprasad Aged About 30 Years R/o Village - Hardi Vishal, Tahsil - Baloda, District Janjgir-Champa (Chhattisgarh) 9 - Brihaspati Bai D/o Devprasad Aged About 28 Years R/o Village - Hardi Vishal, Tahsil - Baloda, District Janjgir-Champa (Chhattisgarh) ... Petitioner(s) versus 1 - State Of Chhattisgarh The Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 2 - Collector Janjgir, District Janjgir-Champa, Chhattisgarh 2 3 - Sub Divisional Officer (Revenue)/ Land Acquisition Officer Janjgir, District Janjgir-Champa, Chhattisgarh 4 - The Project Manager Chhattisgarh Road Development Corporation Raipur, District - Raipur, Chhattisgarh 5 - Tahsildar Tahsil - Baloda, District Janjgir-Champa, Chhattisgarh 6 - Lambardar S/o Late Ramlal Aged About 63 Years R/o Village - Hardi Vishal, Tahsil - Baloda, District Janjgir-Champa (Chhattisgarh) 7 - Tijmat W/o Late Ramlal Aged About 80 Years Caste - Satnami, R/o Village - Hardi Vishal, Tahsil - Baloda, District Janjgir-Champa (Chhattisgarh). --- Respondent(s) ---------------------------------------------------------------------------------------- For Petitioners : Ms. Neha Khandekar, Advocate For Respondent-State : Ms. Akanksha Verma Dabhadker, PL --------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 18.08.2025 1. The instant petition has been filed by the petitioner on the following relief (s) : “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to expeditious decide pending case and to pay compensation awarded amount of Rs. 10,49,760/ in lieu of acquiring land of the petitioners with interest within stipulated time, in the interest of justice. 10.2 That, this Hon'ble Court may kindly be pleased to impose fine amount against the private respondents no. 6 & 7 who have deliberately intricate in litigation, in the interest of justice. 10.2 Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.” 3 2. Learned counsel for the petitioner contented that the petitioners are residing in above mentioned the cause title of the instant petition and the petitioners were owner of the subject lands bearing khasra no. 792/2k which is situated at village Hardi Vishal, Tahsil Baloda, District Janjgir- Champa (Chhattisgarh). The respondent authorities acquired the subject land of the petitioners for the construction of Highway Road from Bilaspur to Urga and on account of acquired land (owner of the subject land bearing khasra no. 792/2k), the respondents authorities have completed proceeding compensation and awarded the amount of Rs. 10,49,760/ on dated 07.01.2020 in favour of the petitioners but the awarded amount has not been paid to the petitioners till today. The private respondents no. 6 & 7 unnecessary raised objection after the awarding compensation, stating that the subject land has been exchanges between them in the year 1976 by khasra no. 536 whereas the subject land never been transferred between them and at the time of proposal the respondent no. 6 was given consent the subject land is not any disputed but only the intricate in the allegation made an objection for seeking compensation, whereas authority has rejected their claims, yet to be releasing awarded amount to the petitioners are against the law. Despite of awarded compensation, the to not respondents authorities have paid any compensation awarded amount of Rs.10,49,760/- to the petitioners till today, therefore the petitioners have made representation and requested to the respondent authorities pay compensation awarded 4 amount of Rs. 10,49,760/- but till today the respondents authorities has not taken any action and not paid any compensation awarded to the petitioners. Being aggrieved of this act of the respondent authorities, petitioners are being harassed and economic problem. Hence, this writ petition. 3. Learned State counsel opposes the submission made by the learned counsel for the petitioners. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case and submission made by learned counsel for the parties, at this stage, this petition is disposed of with permission to the petitioner to make application under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 before the concerned Collector and in-turn the concerned Collector shall consider and decide the such application and pass the appropriate order as early as possible, in accordance with rules, regulations and law. 6. It is made clear that this Court has not expressed any opinion on the merits of the case. 7. With the aforesaid direction, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) JUDGE Vasant