Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:30559
NAFR HIGH COURT of CHHATTISGARH AT BILASPUR WPC No. 730 of 2021 1 - Puniram Uranw S/o Rama Uranw, Aged About 71 Years R/o Village Seoni Tehsil Champa District Janjgir Champa Chhattisgarh. 2 - Nammu Bareth S/o Nanki Aged About 68 Years R/o Village Seoni Tehsil Champa District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 3 - Santoshi Bai D/o Puran Aged About 45 Years R/o Village Seoni Tehsil Champa District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 4 - Hiralal S/o Puran Aged About 48 Years R/o Village Seoni Tehsil Champa District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 5 - Aswani Kumar S/o Sundarlal Aged About 50 Years R/o Village Seoni Tehsil Champa District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 6 - Chetan S/o Kushwa Aged About 45 Years R/o Village Seoni Tehsil Champa District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 7 - Lav Kumar S/o Chotu Ram Aged About 50 Years R/o Village Seoni Tehsil Champa District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 8 - Tulsi S/o Kapil Aged About 46 Years R/o Village Seoni Tehsil Champa District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 9 - Lashmi Prasad S/o Achhe Ram Aged About 50 Years R/o Village Seoni Tehsil Champa District Janjgir Champa Chhattisgarh., District : Janjgir- Digitally signed by NADIM MOHLE
2 Champa,
Chhattisgarh 10 - Lakshmi Prasad S/o Bedhram Aged About 42 Years R/o Village Seoni Tehsil Champa District Janjgir Champa Chhattisgarh., District : Janjgir- Champa,
Chhattisgarh 11 - Nathu Ram S/o Rajaram Aged About 70 Years R/o Village Seoni Tehsil Champa District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 12 - Chameli Bai W/o Bhagwat Aged About 56 Years R/o Village Seoni Tehsil Champa District Janjgir Champa Chhattisgarh. ... Petitioner(s) versus 1 - Union of India Through Secretary, Ministry of Road Transport 7 Highways Transport Bhawan, 1, New Delhi, District : New Delhi, Delhi. 2 - Project Director National Highway Authority of India (Nhai) Project Implementation Unit D-61, Hig-1 Abhilasha Parisar Behind New Bus Stand Tifra Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh.
3 - State of Chhattisgarh Through Secretary Department of Revenue Mahanadi Bhawan Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - Collector Champa District Janjgir Champa Chhattisgarh., District : Janjgir- Champa,
Chhattisgarh 5 - Sub Divisional officer Cum Competent Authority Land Acquisition Champa District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 6 - Inspector General Registration And Superintendent of Stamp Gst Bhawan Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
... Respondent(s)
For Petitioner(s) : Ms. Apoorva Nigam, Advocate, holding the brief of Mr. Kamal Kishore Patel, Advocate For respective Respondent(s) : Mr. Dhiraj Kumar Wankhede, Advocate, Mr. Pramod Shrivastava, Dy. G.A.
Hon’ble Shri Justice Rakesh Mohan Pandey
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Order on Board
03.07.2025
1. The petitioners have filed these petitions seeking the following relief(s):-
“10.1 That this Hon'ble court kindly be pleased to pass similar order in terms of order passed in WPC no. 1961/2018 and REVP No. 10/2019 in the interest of justice and kindly direct the respondents land acquisition officer for recalculating the compensation after applying Multiplying factor 2 and for payment of difference amount. 10.2 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner.”
2. The facts of the present case are that the petitionersare landowners of village Seoni, Tehsil Champa, District Janjgir-Champa, Chhattisgarh, have filed this writ petition challenging the discriminatory compensation awarded for land acquired for widening of Champa- Kathghora National Highway No. 149B. The Land Acquisition Officer, while issuing the award dated 15.09.2018 in Land Acquisition Case No. 16/A-82/2017-18, failed to apply the correct multiplying factor of 2 as mandated by the Central Government’s notification dated 09.02.2016. In several similar acquisition cases across the same district; in villages Portha, Dodki, Paterapalikhurd, Ragja, and Masaniyakala, the multiplying factor of 2 has been correctly applied. However, in the case of the present petitioners, a lower multiplier of 1 has been applied, which is arbitrary and discriminatory, violating Article 14 of the Constitution of India. Hence, the petitioners seek appropriate compensation in accordance with the law. 3. Petitioners and their land Details are as under:-
4 Petitioner No. Khasra Number(s) Area (in Hectares) 1 20/2, 79 0.214, 0.174 2 1579/1 0.134 3 1580/2 0.202 4 1579/2 0.137 5 2670, 2718/1 0.543, 0.238 6 2725/1 0.200 7 2676 0.120 8 1346/3 0.116 9 2727 0.070 10 1355/2 0.036 11 1341/1, 1341/3 0.020, 0.040 12 60/1, 66 0.077, 0.073
4. The petitioners in these writ petitions have pleaded that the respondent authorities failed to apply the appropriate multiplication factor in accordance with Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the Act, 2013"), read with Schedule I.
5. At this stage, learned counsel appearing for the respondents would submit that the issue involved in the present writ petition has already been decided by this Court in the matter of Chhotel Tamboli v. Union of India & ors. (WPC No.3252 of 2019, dt.25.06.2025), and other connected matters. 6.
It is not in dispute that the issue raised in this writ petition regarding the application of the multiplication factor in computation of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has already been decided by this Court in the case of Chhotel Tamboli (supra) and connected matters. This Court therein has categorically held that since the award in those cases had been passed prior to the
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judgment passed in Mahadev Gond (WPC No. 1649/2017) and prior to the issuance of the new notification prescribing multiplication factor–2; thus, this Court finds no specific pleading or evidence submitted by the petitioners regarding damages of standing crops, trees, or structures, and therefore no case is made out for the grant of a supplementary award under the applicable provisions.
7. In view of the above discussion, this writ petition is disposed of in terms of Chhotel Tamboli (WPC No. 3252/2019) at the admission stage itself. No relief as prayed for can be granted.
Sd/-
Rakesh Mohan Pandey
JUDGE Nadim