Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:46632
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 874 of 2021 Jairam S/o Late Vishvanath Aged About 40 Years R/o Village Khamariya Tahsil Tamnar District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh
... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya,atal Nagar Raipur Chhattisgarh, District
:
Raipur,
Chhattisgarh 2 - State Of Chhattisgarh Through Secretary Department Of Industries, Mahanadi Bhawan, Mantralaya, Atal Nagar Raipur Chhattisgarh, District : Raipur,
Chhattisgarh 3 - Collector Raigarh District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh 4 - Land Acquisition Officer-Cum-Sub Divisional Officer (Revenue) Gharghoda District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh 5 - Jindal Steel And Power Limited Patrapali Through Dinesh Bhargaw S/o P.N. Bhargaw Aged About 57 Years R/o Village Patrapali Tehsil And District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh
... Respondent(s) For Petitioner : Mr.Lokeshwar Singh and Ms. Pushpanjali Patel, Advocates holding the brief of Mr. K.K. Patel, Advocate
2 For Respondents No. 1 to 4 For Respondent No. 5. : : Mr. Rajkumar Gupta, Additional Advocate General Mr. Ashish Shrivastava, Senior Advocate with Mr. Rahul Ambasta, Advocate & Mr. Ashutosh Shrivastava, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board 11.09.2025
1. The petitioner has filed this petition seeking the following relief(s):- 10.1 That this Hon'ble Court kindly be pleased to direct the respondent authorities for providing the benefit of para 11.2.3 of Ideal Rehabilitation Policy 2007. 10.2 That this Hon'ble Court kindly direct the respondents for returning the land of the petitioner. 10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner.
2.
Learned counsel appearing for the petitioner would submit that the land of the petitioner bearing Survey No.257/1 admeasuring 0385 hectare situated at Village Khamariya, Tehsil Tamnar, District Raigarh was purchased by respondent No. 5 to establish an Industry through registered sale deed vide Annexure P/1. It is submitted that according to an Ideal Rehabilitation Policy 2007 (for short 'Policy of 2007'), the petitioner is entitled to claim employment in lieu of purchase of land. It is argued that the Clause 11.2.3 specifically deals with the issue involved in the present case. It is prayed that a direction may be issued
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2007.
3. On the other hand, Mr. Ashish Shrivastava, learned Senior Counsel appearing for respondent No. 5 would oppose. Mr. Shrivastava would submit that it was a private purchase contract between the petitioner and respondent No. 5. He would contend that in the registered sale deed, there is no condition with regard to application of Policy of
2007. He would further contend that the Policy of 2007 would attract when the lands have been acquired by the State only. He would submit that the petition deserves to be dismissed.
4. Mr. Gupta, learned Additional Advocate General appearing for the State/respondents No. 1 to 4 would support the contention made by learned Senior Counsel.
5. I have heard learned counsel for the parties and perused the documents.
6. Perusal of the registered sale deed annexed as Annexure- P/1 by the petitioner would show that it was a simple land transaction between the parties and there is no whisper with regard to application of Policy of 2007. Further Clause 11.2.3 of Policy of 2007 clearly states that the benefit of this Policy would be extended, if the lands have been acquired by the State.
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7. Taking into consideration the above discussed facts, I do not find any good ground to issue a direction to the respondent authorities. Consequently, the petition fails and is hereby dismissed. Sd/-
(Rakesh Mohan Pandey)
Judge Nadim