Chattisgarh High Court
Hemsingh Kaushik vs State Of Chhattisgarh on 22 March, 2025
1
2025:CGHC:13883
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 1049 of 2022
1 - Hemsingh Kaushik S/o Jagdish Kaushik Aged About 48 Years R/o Village
Mungelidih, Post Gochhiya, Tahsil Sahaspur Lohara, District Kabirdham
Chhattisgarh.
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management,
Department, Mantralaya, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur,
District Raipur Chhattisgarh.
2 - The Commissioner Land Records, Chhattisgarh, Raipur, District Raipur
Chhattisgarh.
3 - The Commissioner Durg, District Durg Chhattisgarh.
4 - The Collector (Land Acquisition) Kawardha, District Kabirdham Chhattisgarh.
5 - Sub Division Officer Revenue And Land Acquisition Officer, Kawardha, District
Kabirdham Chhattisgarh.
6 - General Manager Chhattisgarh Road Development Corporation Limited, Raipur,
District Raipur Chhattisgarh.
7 - Tahsildar Kawardha, Tahsil Office Kawardha, District Kabirdham Chhattisgarh.
8 - District Registrar Registration And Stamp, Kawardha, District Kabirdham
Chhattisgarh.
... Respondent(s)
Digitally signed by SHAYNA (Cause-title taken from the Case Information System) KADRI For Petitioner(s) : Mr. Chandrikaditya Pandey, Advocate appearing on behalf of Mr. Dharmesh Shrivastava, Advocate For State : Mr. Anmol Sharma, Panel Lawyer SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 2 22.03.2025
1. Petitioner has filed this writ petition seeking following reliefs :-
"10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal.
10.2 That, this Hon'ble Court may kindly be pleased to quash the impugned award dated 13.10.2020 to the extent relating the award in respect to the land bearing khasra no. 203/1 & 203/2 as only affected land is 203/2 which is owned by the petitioner.
10.3 That, this Hon'ble Court may kindly further be pleased to pass an order directing the respondent no. 4 to pass a fresh award in respect of the land bearing khasra no. 203/2 alongwith the constructed house on the land which have been acquired and the name of the mother of the petitioner may kindly be deleted. 10.4 That, this Hon'ble Court may kindly further be pleased to pass an order directing the respondent authorities to not pressurize the petitioner regarding his consent for sale the land against the amount awarded by the respondent no. 4 and further be pleased to direct the respondent authorities to resolve the claim/objection raised by the petitioner properly.
10.5 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner."
2. Learned counsel for petitioner submits that this petition is filed against the award passed by the respondent no. 4 dated 13.10.2020 whereby without resolving the claim / objection of the petitioner, the land of 3 petitioner bearing Khasra No. 203/2 was acquired and low compensation was awarded in favour of the lands bearing khasra no. 203/1 & 203/2.
3. Learned counsel for the State has raised a preliminary objection, contending that the land in question was acquired with the mutual consent of the parties as reflecting from Annexure P/1.
4. I have heard learned counsel for the respective parties and also perused the documents annexed along with the record.
5. From perusal of Annexure P/1, it is apparent that the land has been acquired with the mutual consent of the parties which is being challenged by the petitioner. Possession has already been taken, as such in the light of the judgment rendered by the Hon'ble Supreme Court in case of Indore Development Authorities vs. Manohal Lal and others, reported in (2020) 8 SCC 129, petitioner is having no case. Accordingly this writ petition is dismissed.
6. In the event the petitioner has not received the award amount, the respondent authorities are hereby directed to disburse the awarded amount to the petitioner forthwith. If the petitioner is dissatisfied with the quantum of the award, he may file an appropriate application before the concerned authority for review/redetermination.
7. With this observation and direction, this writ petition stands disposed of.
Sd/-
(Amitendra Kishore Prasad)
Shayna Judge