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2025 DAILYLAW 50056 (CHH)

SUMAN KASHYAP v. STATE OF CHHATTISGARH

WPC/2142/2025 · 2025-04-29

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:19704 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2142 of 2025 1 - Suman Kashyap W/o R.S. Kashyap Aged About 40 Years R/o Peepal Chowk, Khairghat, Beladula, District- Raigarh, (C.G.)(Husband Name And Resident Is Correct) --- Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Revenue And Disaster Management Department, Mahanadi Bhavan, Mantralaya Atal Nagar, Naya Raipur, District- Raipur (C.G.) 2 - Collector, District- Janjgir-Champa (C.G.) 3 - Sub-Divisional Officer, Dabhra, District- Janjgir-Champa, C.G. 4 - Land Acquisition Officer, Dabhra, District- Janjgir-Champa, C.G. --- Respondents For Petitioner : Shri Abhyuday Tripathi, Advocate For State : Ms. Anuja Sharma, Panel Lawyer Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board Digitally signed by GOPAL SINGH Date: 2025.06.07 15:42:18 +0530 2 30/04/2025 1. Learned counsel appearing for the petitioner submits that upon acquisition of land an amount of Rs.1,83,220/- is determined vide award dated 9.9.2022 passed by the Sub Divisional Officer (Revenue) and Land Acquisition Officer, Dabhra, however, till date, the said amount has not been paid to the petitioner. The amount is very meager and this petition has been filed with the following reliefs: “10.1 the Hon’ble Court may kindly be pleased to direct the respondents to calculate the market value of petitioners land properly and disburse the compensation for acquisition of petitioner’s land along with interest. 10.2 The Hon’ble Court may kindly be pleased to direct the respondent State to grant any other relief which this Hon’ble Court deems fit and proper in favour of the petitioner as per the facts & circumstance of the present case, in the ends of justice.” 2. Learned counsel appearing for the State submits that the authorities had contacted the petitioner, however, the petitioner refused to take the said amount. The respondents authorities are ready to disburse the said amount. So far as enhancement of the award is concerned, learned counsel for the State submits that for enhancement the petitioner has to file an appropriate application under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3 3. Learned counsel for the petitioner, at this juncture, submits that at least the amount which has been determined, i.e., the sum of Rs.1,83,220/- may be directed to be given to the petitioner. 4. Accordingly, the petitioner is directed to appear before the authority concerned, i.e., the Sub Divisional Officer (Revenue), Dabhra and in turn the Sub Divisional Officer (Revenue), Dabhra is directed to give the sum of Rs.1,83,220/- to the petitioner after verification of her identity. The said amount be given to the petitioner through a cheque or draft. The concerned Sub Divisional Officer (Revenue) is directed to take necessary steps and ensure that except the petitioner no other person takes the amount. So far as enhancement part is concerned, the petitioner has to move an appropriate application before the appropriate authority. 5. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh