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2025 DAILYLAW 4897 (CHH)

BHIMSEN YADAV v. STATE OF CHHATTISGARH

WPC/424/2025 · 2025-01-22

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:3800 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 424 of 2025 1 Bhimsen Yadav S/o Kanhaiya Yadav, Aged About 76 Years R/o Village - Jashpur Tahsil - Sarangarh, District - Sarangarh - Bilaigarh (C.G.). ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary, Water Resources Department, Atal Nagar, Nawa Raipur, District - Raipur (C.G.). 2 The Collector, District - Sarangarh-Bilaigarh (C.G.). 3 The Sub - Divisional Officer (Revenue) And Land Acquisition Officer, Sarangarh, District - Sarangarh-Bilaigarh (C.G.). 4 The Naib Tahsildar, Kosir, District - Sarangarh-Bilaigarh (C.G.). 5 Sukanti, D/o Photobai, Caste - Marar, R/o Village - Jashpur Tahsil - Sarangarh, District - Sarangarh-Bilaigarh (C.G.). 6 Lalabai D/o Bhagatram Caste - Marar, R/o Village - Jashpur Tahsil - Sarangarh, District - Sarangarh-Bilaigarh (C.G.). ... Respondent(s) For Petitioner(s) : Shri Arvind Kumar Shukla, Advocate For Respondent(s) / State : Ms. Upasana Mehta, Dy. G.A. 2 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 22/01/2025 Heard. 1. By the present petition the petitioner is seeking direction towards the respondents for payment of compensation as the land of the petitioner has been acquired and used for construction of barrage. 2. Learned counsel for the petitioner submits that the petitioner is the recorded owner of land bearing khasra No. 318 admeasuring area 0.134 hectare situated at Village Jashpur, P.H. No. 6, R.I.C. Ulkhar Tehsil Sarangarh, District Sarangarh-Bilaigarh. He further submits that the land in question was acquired by the respondent and award has been passed on 12.02.2020, in favour of the respondents No. 5 to 6, stating that respondents No. 5 & 6 are the owner of the land in question. He further submits that before the award was disbursed the petitioner on 28.08.2019 submitted an application before the respondent No. 3 not to disburse the amount in favour of respondent No. 5 & 6, but without considering the objection raised by the petitioner the amount has been disbursed to respondent No. 5 & 6. He further referring to communication dated 10.03.2023 (Annexure P-5) would submit that it is clear that the award amount towards the land in question has been paid to respondent No. 5 & 6 wrongly for which recovery order has been issued by SDO (Revenue) hence the respondent be directed to make payment of award pursuance to award dated 12.02.2020 in favour of the petitioner. 3. Learned State counsel would submit that the SDO (Revenue) has already issued the letter to the Tahsildar for recovery of amount which has wrongly been paid to respondents No. 5 & 6 and appropriate steps be taken for disbursement of amount to the petitioner within specified period. 4. I have heard learned counsel for the petitioner and perused the records. 5. Perusal of Annexure P-5, shows that the award towards the land in question 3 which is owned by the petitioner has been paid to respondent No. 5 & 6 wrongly for which the SDO has already directed recovery of the same from respondents No. 5 & 6. Further, as the land of the petitioner has already been utilized for construction of barrage and the petitioner is land owner it will be appropriate to direct the Collector to make payment of compensation towards the land of the petitioner. Considering the same, the Collector is directed to take appropriate steps for disbursement of amount of compensation to the petitioner within 30 days from today. 6. With the aforesaid observation, the petiiton stands diposed off. Sd/- (Bibhu Datta Guru) JUDGE Jyoti