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2025:CGHC:3812
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 438 of 2025 1 - Bhupendra Singh S/o Late Dushyant Kumar Singh Aged About 47 Years (Serial No. 19 Of Compensation Chart) R/o Village Barhaguda, Tehsil Dabhra, District- Sakti, (C.G.) 2 - Ratnamaladevi Widow Of Dushyant Kumar Singh Aged About 67 Years (Serial No. 34 Of Compensation Chart R/o Village Barhaguda, Tehsil Dabhra, District- Sakti, (C.G.)
... Petitioners versus 1 - State Of Chhattisgarh Through Secretary Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur C.G. 2 - State Of Chhattisgarh Through Secretary WRD, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur, C.G. 3 - Collector Sakti, District-Sakti, C.G. 4 - Land Acquisition Officer Cum Sub Divisional Officer (Revenue) Dabhara, District Sakti, C.G.
2 / 4 5 - Engineer In Chief WRD Shivnath Bhawan, Raipur, District Raipur, C.G. 6 - Executive Engineer, WRD Kalma Barraj Raigarh Division, Raigarh, C.G. ... Respondents (Cause title is taken from Case Information System) For Petitioners : Dr. Sudeep Agrawal, Advocate alongwith Ms. Apoorva, Nigam, Advocate For Respondents/ State : Ms. Anuja Sharma, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 22/01/2025
1. This writ petition has been filed by the petitioners seeking the following reliefs :- 10.1 That this Hon'ble court may kindly be pleased to grant relief to the present petitioner in terms of the order dated 16/08/2024 passed in WPC No. 4119/2024, considering the similarity of facts and subject matter between the two cases. 10.2 That this Hon'ble court may kindly be pleased to direct the respondent No. 3 for deciding representation of the petitioner under Section 73 of Act, 2013 within a period of 2 Months. 10.3 That this Hon’ble Court may kindly pass any other relief(f), as it may deem just and proper, in the interest of justice and equity.
2.
Learned counsel for the petitioners submits that lands of petitioners were subject matter of land acquisition proceedings bearing case No. 14/A- 82/2016-17. Some of the persons whose land was also acquired in the said land acquisition proceedings have filed an application seeking enhancement of the award. 3 / 4 Accordingly, their application was referred to Land Acquisition (Resettlement and Rehabilitation) Authority, Chhattisgarh. After due consideration of proceedings, authority has allowed the reference and had directed for recalculation and recomputing the amount of compensation with respect to those applicants on
10.10.2023. It is contention of learned counsel for the petitioners that after getting knowledge about the order passed by authority directing for recalculating and recomputing of award with respect to applicants therein, petitioners have also submitted an application before the Land Acquisition Officer-cum-Sub Divisional Officer (Revenue) on 31.10.2023 invoking provision under Section 73 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred as "the Act of 2013"). The said application is not considered till date, therefore, direction be issued to the concerned Collector to consider and decide the application submitted by petitioner under Section 73 of the Act of 2013 at the earliest within specified time. 3. Learned State counsel submits that as learned counsel for the petitioners is not pressing this writ petition on merits and only seeking a direction to respondent No. 3 to take decision on the pending application submitted by the petitioners under Section 73 of the Act of 2013, she is having no objection to the limited prayer. If the application of the petitioners is still pending consideration, it will be considered and decided strictly in accordance with law. 4. I have heard learned counsel for respective parties. 4 / 4
5.
Considering the facts and circumstances of the case, submission made by learned counsel for respective parties, in particular, the submission made by learned counsel for the petitioners that petitioners have already submitted an application under Section 73 of the Act of 2013 on 31.10.2023 which is within three months from the date of passing of the order by the authority under the Act of 2013, without commenting anything on merits of the case, I am inclined to dispose of this writ petition at this stage, directing respondent No. 3 to take decision on the pending application/ representation submitted by the petitioners under Section 73 of the Act of 2013, in accordance with law, expeditiously preferably within a further period of two months from the date of receipt of a copy of this order. 6. Accordingly, the writ petition stands disposed of. Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar