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2025 DAILYLAW 40526 (CHH)

VIJAY ANAND v. UNION OF INDIA

WPC/4860/2022 · 2025-07-14

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:32906 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4860 of 2022 1 - Vijay Anand S/o Rameshwar Prasaad Aged About 64 Years R/o Gram Boirdih, Sakti Thasil Sakti, District : Janjgir-Champa, Chhattisgarh 2 - Ajay Kumar (Deleted) as Per Honble Court Order Dated 26-07- 2024 3 - Nisha, D/o Rameshwar Prasaad Aged About 48 Years R/o Gram Boirdih, Sakit Thasil Sakti, District : Janjgir-Champa, Chhattisgarh 4 - Aruna, D/o Rameshwar Prasaad, Aged About 52 Years R/o Gram Boirdih, Sakti Thasil Sakti, District : Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 1 - Union Of India Through Secretary, Ministry Of Railway, Rail Bhawan, New Delhi-110001. 2 - State Of Chhattisgarh, Through Secretary Department Of Revenue And Disaster Management Mahanadi Bhawan, Naya Raipur Chhattisgarh. 3 - Competent Authority (Land- Acquisition) And Sub Divisional Officer (Revenue), Sakti, District : Janjgir-Champa, Chhattisgarh 4 - Collector, District Janjgir Champa Chhattisgarh. 5 - South Eastern Central Railway, Through General Manager, Project Implementation Unit - Sakti, District : Janjgir-Champa, Chhattisgarh ---- Respondents 2 For Petitioners : Mr. S.P. Sannat, Advocate For UoI/Respondents No.1 & 5 : Mr. Manoj Kumar Mishra, Advocate For State/Respondents No.2 to 4 : Mr. Anurag Tripathi, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 15/07/2025 1. With the consent of learned counsel for the parties, the matter is heard finally. 2. The petitioner has been filed this writ petition on the following relief(s) : “10.1. That, this Hon'ble Court may kindly be pleased to issue an appropriate writ commanding the respondents for initiating appropriate proceedings for acquiring the land of the petitioner and to provide the benefits from the said acquisition in terms of the Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013. 10.2 That, this Hon'ble Court may further kindly direct the competent authorities to take appropriate disciplinary proceedings against the erring official who have not taken steps in this regard. 10.3 That, this Hon'ble court may kindly pleased to command the respondents to pay interest on revised 3 compensation @ 12% as provided in section 69 (2) of the Act, 2013. 10.4 Any other relief/reliefs, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case with the cost of the petition.” 3. Learned counsel for the petitioners contended that the petitioners are the owner of the agricultural land situated in Village - Boirdih, Tahsil – Sakti, District - Janjgir Champa (C.G.) bearing khasra No. 600/3, area 1.618 hectare, which is by arbitrary/illegal means has been acquired for extending the third new railway line between the Mumbai-Howrah rail line, by the South eastern Central Railway authorities on 20/06/2017. To which the petitioner made several representations before the concerned authorities, but till now no compensation for acquiring the land has been paid out to the petitioners. Thus, being aggrieved by the inaction of the respondents, the petitioners come before this Court seeking for appropriate proceedings for acquiring the land of the petitioners and to provide the benefits from the said acquisition in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 4. Learned counsel for the respondents contended that respondent No.3 is ready to decide the representation of the petitioners in accordance with law. 4 5. I have heard learned counsel for the parties and perused the record with utmost circumspection. 6. Considering the facts and circumstances of the case and submission made by learned counsel for the parties. On perusal of the documents, I have found that the Sub-Divisional Officer (Revenue) has sent the representation of the petitioners to the Tahsildar, but till date any action has not been taken by the respondent authorities, therefore, respondent no.3 is directed to consider and decide the pending representation of the petitioners Annexure P-3 within an outer limit of ‘90 days’ from the date of receipt of copy of this order, if he has found that the land of the petitioners has been acquired for extending the third new railway line between the Mumbai-Howrah rail line by the South Eastern Central Railway (SECR) authority. Respondents No.1 & 5 are also directed to initiate the proceedings for redressal of the grievance of the petitioners as soon as possible. 7. With the aforesaid observations and directions, the instant petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant