Budhiya Bai vs State Of Chhattisgarh
2022 Latest Caselaw 7578 Chatt

                                       1
                                                                   NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR

                                 WPC No. 5523 of 2022

   1. Budhiya Bai W/o Pokhilal Aged About 42 Years R/o Village Gopalpur,
      Tehsil Dabhra, District Sakti, Chhattisgarh

   2. Parmanand S/o Puniram Aged About 60 Years R/o Village Gopalpur,
      Tehsil Dabhra, District Sakti, Chhattisgarh

   3. Santosh S/o Kapilnath Aged About 36 Years R/o Village Chandrapur,
      Tehsil Dabhra, District Sakti, Chhattisgarh

   4. Khirodra Kumar S/o Kunj Bihari Aged About 40 Years R/o Village
      Chandrapur, Tehsil Dabhra, District Sakti, Chhattisgarh

   5. Shanti D/o Konda Aged About 56 Years R/o Village Chandrapur,
      Tehsil Dabhra, District Sakti, Chhattisgarh              ----
      Petitioners

                                    Versus

   1. State Of Chhattisgarh Through Secretary Revenue And Disaster
      Management, Mahanadi Bhawan, Mantralaya, Atal Nagar Raipur
      (C.G.)

   2. State Of Chhattisgarh Through Secretary Water Resource
      Department, Mahanadi Bhawan, Mantralaya, Atal Nagar Raipur
      (C.G.)

   3. Collector Sakti, District Sakti (C.G.)

   4. Land Acquisition Officer-Cum-Sub Divisional Officer (Revenue)
      Dabhara District Sakti (C.G.)

   5. Engineer In Chief Wrd Shivnath Bhawan Raipur District Raipur (C.G.)

   6. Executive Engineer Wrd Kalma Barraj Raigarh Division Raigarh
      (C.G.)                                    ---- Respondents

For Petitioner : Mr. Anuroop Panda Advocate.

For State                 : Mr. Aditya Bhardwaj, P.L.




                    Hon'ble Shri Justice P. Sam Koshy
                               Order On Board
14.12.2022

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 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 Jyoti