Citation : 2022 Latest Caselaw 6680 Chatt
Judgement Date : 9 November, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 4540 of 2022
1. Rambabu Uranv S/o Late Mangal Uranv, Aged About 29 Years R/o Uranv
Mohalla, Post Chandrapur, District Sakti, Chhattisgarh (Serial No. 128 Of
Compensation Chart)
2. Pirlal Uraon, S/o Mansay, Aged About 57 Years R/o House No. 23,
Chandrapur, District Sakti, Chhattisgarh (Serial No. 120 Of Compensation
Chart)
---- Petitioners
Versus
1. State Of Chhattisgarh Through Secretary Department Of Revenue And
Disaster Management Mahanadi Bhawan, New Raipur, District : Raipur,
Chhattisgarh
2. Collector Sakti, District Sakti, Chhattisgarh.
3. Sub-Divisional Officer (Revenue) Cum Land Acquisition Officer Dabhra,,
District : Sakti, Chhattisgarh
4. Executive Engineer Water Resource Department (Kalma Bairaj Project)
Raigarh, District Raigarh, Chhattisgarh. ---- Respondents
For Petitioner : Mr. Anuroop Panda Advocate.
For State : Mr. Rahul Jha, G.A.
Hon'ble Shri Justice P. Sam Koshy
Order On Board
09.11.2022
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.
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
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