Dular Nishad vs State Of Chhattisgarh
2022 Latest Caselaw 7527 Chatt

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                                                                                              NAFR
               HIGH COURT OF CHHATTISGARH AT BILASPUR
                         Writ Petition (C) No.5479 of 2022

   1. Dular Nishad S/o Bahadul Aged About 42 Years Resident Of Village
      Chandrapur Tahsil Dabhra District Sakti, Chhattisgarh (Serial No. 77 Of
      Compensation Chart)
   2. Ramavtar S/o Nandlal Aged About 60 Years Resident Of Village
      Chandrapur Tehsil Dabhra District Sakti, Chhattisgarh (Serial No. 190 Of
      Compensation Chart)
   3. Fulsay Urano S/o Bhururam Uraon Aged About 39 Years Resident Of
      Village Balpur Tahsil Dabhra District Sakti, Chhattisgarh (Serial No. 264 Of
      Compensation Chart)
                                                                     ---- Petitioners
                                       Versus
   1. State of Chhattisgarh Through Secretary Revenue And Disaster
      Management, Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur
      District Raipur Chhattisgarh.
   2. State of Chhattisgarh Through Secretary Wrd, Mahanadi Bhawan
      Mantralaya, Atal Nagar, New Raipur District Raipur Chhattisgarh.
   3. Collector Sakti, District Sakti Chhattisgarh
   4. Land Acquisition Officer-Cum-Sub Divisional Officer (Revenue) Dabhara,
      District Sakti Chhattisgarh.
   5. Engineer In Chief WRD Kalma Barraj Raigarh Division Raigarh
      Chhattisgarh.
   6. Executive Engineer WRD Kalma Barraj Raigarh Division Raigarh
      Chhattisgarh.
                                                                 ---- Respondents

For Petitioners : Shri Anuroop Panda, Advocate. For State : Shri Rahul Jha, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board

13.12.2022

1. The relief(s) as claimed by the petitioners is for an appropriate

direction on application filed u/s 33 of the Right to Fair Compensation

and Transparency in Land Acquisition Rehabilitation and

Resettlement Act, 2013 before respondent No.3.

2. It is submitted that the award was passed on 22.11.2018 of Land

Acquisition proceedings and the application has been filed for

enhancement of the compensation, therefore, the petitioners

approached the authority by moving the application on 03.01.2019

which has not been decided till date. He further submits that the

Division Bench of this Court has laid down law for the purpose of

quantifying compensation, therefore, the authority may be directed to

take into account the law laid down by this Court along with other

guidelines prevailing for quantifying the compensation.

3. Learned State Counsel does not oppose the fact.

4. Considering the limited prayer, the petition is disposed of with a

direction to Respondents 3&4 to decide the pending application of the

petitioners under Section 33 of the Act, 2013 taking into consideration

the judgment laid down by the Court and the guidelines existing in this

record. The said application may be decided within a period of 90

days from the date of receipt of a copy of this order.

5. Accordingly, the petition stands disposed of.

6. Subject to petitioners furnishing photocopy of Annexure P/1, original

certified copy may be returned to the petitioners.

Sd/-

(P. Sam Koshy) Judge inder