Smt. Megha Moda vs State Of Chhattisgarh
2022 Latest Caselaw 5961 Chatt

                                                                       NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR

                          WPC No. 4057 of 2022


  Smt. Megha Moda D/o Shri Pawan Moda, aged about 35 years R/o

  Gaurishankar Mandir Raod, Raigarh, Tahsil and District: Raigarh, Civil and

  Revenue District : Raigarh, Chhattisgarh


                                                              ---- Petitioner


                                 Versus


1. State of Chhattisgarh through Secretary Water Resources Department,

  Mahanadi Bhawan, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh


2. The Collector (Land Acquisition Branch) Raigarh, District : Raigarh,

  Chhattisgarh


3. The Executive Engineer, Water Resources Division, Raigarh, District :

  Raigarh, Chhattisgarh


4. The Sub Divisional Officer, Water Resourced Sub Division, Raigarh,

  District : Raigarh, Chhattisgarh


                                                          ---- Respondents

For Petitioner : Mr. Manoj Kumar Sinha, Advocate

For State : Ms. Akansha Jain, Dy. G.A.

Hon'ble Shri Justice Arvind Singh Chandel

Judgment on Board

22.09.2022

Heard.

1. It is submitted by learned counsel appearing for the petitioner that

the land of petitioner is situated at Village: Kusmura bearing Khasra

No. 678/2 and 690/ 2 total Rakba 1.31 acres. The said land has been

acquired by the respondent authorities in the year 2017, in spite of

that till date compensation amount of Rs. 15,05,940/- has not been

paid to the petitioner. In this regard, the petitioner had made

representation dated 07.07.2022 before the respondent authorities,

which is still pending, therefore, it is prayed by counsel for the

petitioner that the respondent authorities may be directed to decide

the said representation as early as possible and the amount of

compensation shall be provided to the petitioner.

2. On the other hand, referring to representation Annexure-P/4 dated

07.07.2022, State counsel would submit that though the

compensation amount of Rs. 15,05,940/- is yet to be paid to the

petitioner, but as the petitioner has made a demand of recalculation

of the amount of compensation on the basis of diversion of land,

therefore, petitioner should have filed application under Section 33 of

the Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 before the Collector or he

would have filed application under Section 64 of the said Act before

the competent authority, therefore, this petition is not maintainable.

3. At this stage, after seeking instructions from the petitioner, it is

submitted by counsel for the petitioner that the petitioner does not

want to press her demand regarding recalculation of the amount of

compensation and she is ready to attain the amount of compensation

as it was calculated earlier.

4. On the basis of above submissions made by counsel for the petitioner,

this petition is disposed of directing the respondent authorities to

consider the claim of the petitioner and make payment of

compensation as calculated earlier after due verification and after

completion of other formalities within three months from the date of

receipt of this order.

5. It is made clear that if the amount of compensation is not paid to the

petitioner, then the petitioner would be entitled to get annual

interest at the rate of 12% thereof.

6. Accordingly, this petition is disposed of.

Sd/-

(Arvind Singh Chandel) Judge

Saurabh