1 2025:CGHC:11557 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2399 of 2014 1 - Devnarayan Chandra S/o Late Dhuloo Ram Chandra Aged About 73 Years R/o Ward No. 36, Mithumuda Raigarh C.G. , Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration Mantralaya Mahanadi Bhawan New Raipur C.G., Chhattisgarh 2 - The Collector Raigarh Distt. Raigarh C.G., District : Raigarh, Chhattisgarh 3 - Municipal Corporation, Raigarh Through Its Commissioner Raigarh C.G. , District : Raigarh, Chhattisgarh ---- Respondents For Petitioner : Mr. Varun Sharma, Advocate. For Respondents/ State : Mr. Prateek Tiwari, P.L. For Respondent No.3 : Mr. H.B. Agrawal, Senior Advocate with Shri Pankaj Agrawal and Ms. Swati Agrawal, Advocates. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 07.03.2025 1. The petitioner has filed this petition seeking the following relief(s):- “i. To kindly call for the records of the case from the respondents. ii. To kindly quash the impugned-order dated 14/05/2012 passed by the Collector, Raigarh (Annexure P/1). iii. To kindly direct the respondents to adequately calculate the fair compensation of the acquired lands of the petitioner and make payment to the petitioner within SMT NIRMALA RAO -2- a fixed time schedule as prescribed by this Hon'ble Court. iv. To kindly direct the respondent Municipal Corporation to make the payment of compensation with penal interest at the rate of 18% from the date of acquisition upto the date of actual payment. v. To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.” 2. Learned counsel for the petitioner would submit that the lands of the petitioner bearing Survey Nos.182/1, 192/1, 192/2 & 192/3, total admeasuring 1.209 hectares, situated at village Mithumuda, Tahsil and District Raigarh were used for the construction of a road in the year 2004. He would contend that the representations were made and ultimately, the Collector, Raigarh vide order dated 14.5.2012 determined the compensation to the tune of Rs.8,42,500/- with simple interest payable from the year 2005-06 till the date of its realization. He would further contend that the Joint Collector vide letter dated 30.6.2012 passed an order to deduct 20% of the total compensation of Rs.9,04,096/- without any authority of law and after deduction an amount of Rs.7,23,277/-, was paid to the petitioner on 5.7.2012. He would pray that a direction may be issued to the respondent authorities to make payment of compensation of Rs.8,42,500/- with simple interest from the date of acquisition till its realization. He would also contend that a direction may be issued to make payment of the amount deducted with penal interest. 3. On the other hand, learned counsel for respondent No.3 would oppose the submissions made by counsel for the petitioner. He 3 would submit that the Collector, Raigarh pursuant to an order issued by the District Registrar, Raigarh dated 28.6.2012, issued a direction to reduce the compensation by 20%. He would further submit that an appropriate decision was taken by the Joint Collector, Raigarh. 4. Heard learned counsel for the parties and perused the documents present on the record. 5. Admittedly, the Collector itself determined the compensation to the tune of Rs.8,42,500/- with interest from the date of acquisition till the date of its realization and thereafter, the District Registrar and the Joint Collector, Raigarh without affording any opportunity of hearing to the petitioner, reduced the amount of compensation to the tune of Rs.7,23,277/-. The petitioner has not challenged orders issued by the Registrar and Joint Collector, Raigarh in this petition but as both orders were passed in violation of principles of natural justice therefore both the orders are hereby quashed. The Collector and Municipal Corporation are directed to make payment of the remaining amount within 60 days from today along with interest @ 10% per annum from 2005 till the date of its realization. The interest would be payable on the deducted amount of compensation. 6. Accordingly, the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nimmi