Nehru Lal Uraon vs State Of Chhattisgarh
2022 Latest Caselaw 4814 Chatt

                                                  1


                                                                                              NAFR

                       HIGH COURT OF CHHATTISGARH AT BILASPUR


                                          WPC No. 3263 of 2022

          1. Nehru Lal Uraon S/o Sundarlal Aged About 63 Years Caste - Schedule Caste
             R/o Village - Barhaguda, Tahsil Dabhra, District : Janjgir-Champa, Chhattisgarh
          2. Lakeshwar S/o Late Padmalochan Aged About 46 Years R/o Village
             Chandrapur , Tahsil - Dabhra, District : Janjgir-Champa, Chhattisgarh
          3. Gaucharan S/o Mohitram Aged About 60 Years R/o Village Chandrapur Tahsil
             Dabhra, District : Janjgir-Champa, Chhattisgarh
          4. Damrudhar S/o Madan Nishad Aged About 47 Years R/o Village - Chandrapur,
             Tahsil Dabhra, District : Janjgir-Champa, Chhattisgarh
          5. Bhupdev Uraon S/o Bhayyalal Aged About 59 Years Caste - Schedule Caste,
             R/o Village -     Chandrapur,    Tahsil     Dabhra,   District   :   Janjgir-Champa,
             Chhattisgarh
          6. Ramnath S/o Rambharos Dewangan Aged About 58 Years R/o Village -
             Chandrapur, Tahsil - Dabhra, District : Janjgir-Champa, Chhattisgarh
                                                                                    ---- Petitioners
                                               Versus
          1. State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster
             Management Mahanadi Bhawan, New Raipur, District : Raipur, Chhattisgarh
          2. Collector Janjgir, District : Janjgir-Champa, Chhattisgarh
          3. Sub-Divisional Officer (Revenue) Cum Land Acquisition Officer Dabhara,
             District : Janjgir-Champa, Chhattisgarh
          4. Executive Engineer Water Resource Department (Kalma Bairaj Project)
             Raigarh, District : Raigarh, Chhattisgarh
                                                                                  ---- Respondents

For Petitioner : Mr. Anuroop Panda, Advocate For State : Ms. Sameeksha Gupta, PL

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

27/07/2022

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 2 & 3 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. This

Court has not expressed any opinion on the merits of the case, the entitlement

part shall be decided strictly in accordance with law.

5. Accordingly, the petition stands disposed of.

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

copy may be returned back to the petitioners

Sd/-

(P. Sam Koshy) Judge Rohit