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2025 DAILYLAW 6629 (CHH)

MUKUND BEHRA v. STATE OF CHHATTISGARH

WPC/848/2021 · 2025-09-09

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:46134 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 848 of 2021 1 - Mukund Behra S/o Late Chandraudaya Behra Aged About 37 Years R/o Village Khamariya Tahsil Tamnar District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ... Petitioner(s) 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) NIRMALA RAO 2 For Petitioner : Mr. Lokeshwar Singh Chandra, Advocate holding the brief of Mr. Kamal Kishore Patel, Advocate For Respondents No. 1 to 4 For Respondent No. 5. : : Ms. Neelima Singh Thakur, Panel Lawyer. Mr. Ashish Shrivastava, Senior Advocate with Mr. Rahul Ambast, Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 10/09/2025 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 Nos. 153/1, 222/1, 226/2, 226/3 & 226/9 admeasuring 0.115, 0.107, 0.026, 0.046 & 0.181 hectares respectively, situated at Village Khamariya, Tehsil Tamnar, District Raigarh was purchased by respondent No. 5 to establish an Industry through a registered sale deed dated 31.03.2008. He would submit that according to the Ideal Rehabilitation Policy 2007 (for short 'Policy of 2007'), the petitioner is entitled to claim employment in lieu of the purchase of land. He would submit that the Clause 11.2.3 specifically deals with the issue involved in the present case. He would pray that a direction may be issued to respondent No. 5 to extend benefit of Clause 11.2.3 of Policy of 2007. 3 3. On the other hand, Mr. Ashish Shrivastava, learned Senior Counsel appearing for respondent No. 5 would oppose the submissions made by counsel for the petitioner. He would submit that the transaction was a private purchase contract between the petitioner and respondent No. 5. He would contend that the registered sale deed contains no condition with regard to the 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. Learned counsel 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 placed 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. Furthermore, Clause 11.2.3 of Policy of 2007 clearly states that the benefits of this Policy would be extended, if the lands have been acquired by the State. 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 Nimmi