Chattisgarh High Court
The Central Mine Planning And Design ... vs Kusum Kanti Kujur on 21 June, 2024
Author: Ramesh Sinha
Bench: Ramesh Sinha
Neutral Citation
2024:CGHC:20859-DB
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 361 of 2024
• The Central Mine Planning And Design Institute, Mini Ratna - Ii Company, A
Fully Owned Subsidiary Of Coal India Limited Through Its Regional Director,
CMPDI Regional Institute-IV, Sarkanda, Bilaspur Chhattisgarh, District Bilaspur,
Chhattisgarh.
---- Appellant
Versus
1. Kusum Kanti Kujur S/o P. Kujur Aged About 45 Years R/o Zeenat Green Vihar,
Station Road, Bilaspur Chhattisgarh, District Bilaspur, Chhattisgarh.
2. Coal India Limited Through Its Chairman, 10 Netanji Subhash Road, Kolkata,
West Bengal, District Kolkata, West Bengal
3. Union Of India Through Secretary, Ministry Of Coal, Shastri Bhawan, Dr.
Rajendra Prasad Road, New Delhi, India, District New Delhi, Delhi.
---- Respondents
(Cause Title taken from Case Information System)
For Appellant : Mr. Vaibhav Shukla, Advocate
For Respondent No.1 : Mr. H.P.Agrawal, Advocate on advance copy.
For Respondent No.3 : Mr. Ramakant Mishra, Dy.S.G. on advance copy.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Hon'ble Mr. Sachin Singh Rajput, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
21/06/2024
1. The present writ appeal arises out of order dated 19/02/2024 passed by
the learned Single Judge in WPC No.2156 of 2020 (Kusum Kanti Kujur vs.
Union of India and ors ).
2. In this appeal, the appellant has made following prayer -
"It is, therefore, prayed that this Hon'ble Court may kindly set aside
the order dated 19/02/2024 passed in WP(C) No.2156/2020."
Neutral Citation
2024:CGHC:20859-DB
3. Facts of the case is brief is that the writ petitioner / respondent No.1
herein iled a writ petition claiming compensation on the ground that the land
bearing khasra No.191/1 belongs to the writ petitioner and the said land has
been encroached upon by the appellant herein as the land is coming inside the
boundary wall of CMPDIL colony, Songanga, Bilaspur. When the matter came
up for hearing, the learned Single Judge disposed of the writ petition iled by the
writ petitioner directing the appellant herein to assess and pay compensation to
the writ petitioner.
4. Learned counsel for the appellant submits that the learned Single Judge
has failed to appreciate the fact that the demarcation report relied upon by
respondent No.1 / writ petitioner to say that her land is inside the boundary wall
of the appellant was not inal as the same has not been accepted by the
Tahsildar. It is also submitted that the demarcation was not conducted strictly
in accordance with the provisions of Section 129 of the CG. Land Revenue
Code. Therefore, it cannot be relied upon. He further submits that the learned
Single Judge erred in considering the defence of the appellant before the
Tahsildar as an admission. He prays that the appeal may be allowed and
impugned order may be set aside.
5. Learned counsel for respondent No.2 / writ petitioner on advance copy
would support the order passed by the learned Single Judge and submits that it
does not call for any interference.
6. Learned counsel for respondent No.3 supports the submission of learned
counsel for the appellant.
7. We have heard learned counsel for the parties, perused the impugned
order and material available on record.
Neutral Citation
2024:CGHC:20859-DB
8. The learned Single Judge while disposing the writ petition observed in
paragraph 7 and 8 as under -
"7. From a perusal of the documents available on record, it
appears that the petitioner purchased the land bearing survey No.
191/1, admeasuring 0.162 hectares through a registered sale-deed
on 03.03.2017. The petitioner moved an application for demarcation
and according to the demarcation report dated 23.09.2019, the
entire land of the petitioner is within the boundaries erected by
respondent No.3. The demarcation was not conducted on the basis
of Chanda-Munara, but the same was conducted on the basis of
ixed survey No. 877/pond situated at village Khamtarai and it was
also scanned using google map. Respondent No. 3 raised an
objection before the Tehsildar and the Collector, but the demarcation
report was not challenged before the Collector by iling a revision and
it attained inality. Further, in the reply to the application moved by
the petitioner under Section 250 of the C.G. Land Revenue Code,
respondent No. 3 has categorically admitted that the entire land of
the petitioner is within the boundaries of respondent No. 3 and it has
perfected the title by the law of adverse possession. When there is
an admission by respondent No.3, there is no need to corroborate
such admission by demarcation report and the judgments relied on
by learned counsel for respondent No. 3 which says that faulty
demarcation report cannot be relied upon, are of no help.
8) Taking into consideration the fact that there is an admission on the
part of respondent No. 3 and the petitioner had purchased the
property through a registered sale-deed, in the opinion of this Court,
the petitioner is entitled to get compensation from respondent No. 3."
Neutral Citation
2024:CGHC:20859-DB
9. The learned Single Judge gave a categorical inding that the
demarcation report has not been challenged by the appellant herein
before the Collector by iling a revision hence it attained inality. The
learned Single Judge also held that the appellant herein has admitted
that the entire land of the petitioner is within the boundaries of appellant
herein and they have also stated to have perfected their title by law of
adverse possession.
10. After giving thoughtful consideration on the submission of learned
counsel for the parties and on meticulous examination of record, we are
not persuaded to take a diferent view from the learned Single Judge.
Hence, we are of the irm opinion that the learned Single Judge has not
committed any illegality, irregularity or jurisdictional error in the impugned
order. Appeal, therefore, fails and is dismissed.
11. No cost (s).
Sd/- Sd/-/- Sd/-
(Sachin Singh Rajput) (Ramesh Sinha)
Judge Chief Justice
Deepti
