Chattisgarh High Court
Marshal Kujur vs State Of Chhattisgarh on 5 March, 2025
1
Digitally
signed by
SMT
NIRMALA
RAO
2025:CGHC:10840
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 2079 of 2019
1 - Marshal Kujur S/o Francis Aged About 67 Years R/o Village
Katajhariya, Tahsil Tamnar, District Raigarh Chhattisgarh., District :
Raigarh, Chhattisgarh
2 - Agipat S/o Histfan Aged About 65 Years R/o Village Katajhariya,
Tahsil Tamnar, District Raigarh Chhattisgarh., District : Raigarh,
Chhattisgarh
3 - Manohar S/o Lukes Aged About 55 Years R/o Village Katajhariya,
Tahsil Tamnar, District Raigarh Chhattisgarh., District : Raigarh,
Chhattisgarh.
... Petitioners
versus
1 - State Of Chhattisgarh Through The Secretary Department Of
Revenue And Disaster Management Mantralaya Naya Raipur
Chhattisgarh., District : Raipur, Chhattisgarh
2 - Collector Raigarh, District Raigarh Chhattisgarh., District : Raigarh,
Chhattisgarh
3 - The Land Acquisition Officer Cum Sub Divisional Officer (Revenue)
Gharghoda, District Raigarh, Chhattisgarh., District : Raigarh,
Chhattisgarh
4 - National Thermal Power Corporation Regional Office At Magnato
Offizo Conclave Iii And Iv Floor G E Road, Raipur, District Raipur
Chhattisgarh., District : Raipur, Chhattisgarh.
---- Respondents
For Petitioners : Ms. Apurva Nigam, Advocate holding
the brief of Shri Kamal Kishore Patel,
Advocate.
For Respondents/ State : Shri Lav Sharma, P.L.
For Respondent No.4 : Shri Anuroop Panda, Advocate.
Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board
05.03.2025
1. The petitioners have filed this petition seeking the following
relief(s):-
"10.1 That, this Hon'ble Court may kindly be pleased to
direct respondent-authorities for issuance of new
notification on priority and further for payment of
compensation to the petitioners on the basis of new
notification.
10.2 That, this Hon'ble Court may kindly direct the
respondent-authorities for taking decision upon the
representation of the petitioners and for recalculating the
compensation on the basis of new notification and
payment of the difference amount to the petitioner in
light of new notification.
10.3 Any other relief/ order may also be granted that
may be deemed fit and just in the facts and
circumstances of the case."
2. Learned counsel for the petitioners would submit that the lands of
the petitioners were acquired by the State Government for the
National Thermal Power Corporation (NTPC). She would contend
that an award was passed in favour of the petitioners on 6.2.2016.
She would further argue that in WP(C) No.1649 of 2017, decided
on 30.10.2018, the Hon'ble Division Bench stayed the notification
dated 4.12.2014 issued by the State Government under Section
30(2) of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (for short
'the Act, 2013') and also issued a direction to apply a multiplier of 2
while calculating the compensation. She would contend that a
notification was issued by the State Government in this regard on
2.5.2019. It is argued that the respondent authorities be directed to
calculate the amount of compensation afresh by applying the
multiplier of 2. She would further submit that a specific direction
was issued in WP(C) No.1649 of 2017 (Smt. Anita Agrawal vs.
State of Chhattisgarh and Ors.) and other connected matters in
this regard.
3. On the other hand, learned counsels for the respondents would
oppose the submissions made by counsel for the petitioners. They
would submit that the lands of the petitioners were acquired by the
State Government for NTPC. They would contend that an award
was passed on 6.2.2016 and compensation was also paid to the
petitioners, which they accepted without any demur. They would
contend that the subsequent orders or decisions of the Superior
Courts would not extend benefits in favour of the petitioners. They
would further submit that the observation made in paragraph 12 of
the order in WP(C) No.1649 of 2017 was later deleted.
4. Heard learned counsel appearing for the parties and perused the
documents present on the record.
5. Admittedly, vide order dated 6.2.2016, compensation was paid to
the petitioners. This petition was filed by the petitioners on
18.6.2019, after the pronouncement of the judgment passed in
WP(C) No.1649 of 2017. In paragraph 12, the Hon'ble Division
Bench of this Court in the matter of Smt. Anita Agrawal (supra)
held as under:-
"12. It goes without saying that all awards and
compensations in relation to not only these Petitioners but
all such persons whose lands have been acquired and a
multiplier of 1.00 has been used for calculating the
compensation, the same will be required to be revised and
revisited in light to the new notification, which is required to
be notified by the State Government, on priority."
6. The review petitions were filed before the Hon'ble Division Bench
by the State of Chhattisgarh. In paragraph 6, the Hon'ble Division
Bench passed an order to delete paragraph 12 of the order passed
in WP(C) No.1649 of 2017. Paragraph 6 of the order reads as
follows:-
"6. When the matter came up for consideration before this
Court on an earlier occasion, it was doubted whether the
declaration/ direction given as per paragraph 12 was ever
prayed for in any of the writ petitions. Today, during the
course of hearing, it is conceded by the learned counsel
appearing for the parties that, it was never a prayer in the
writ petition, but for individual grievances of the writ
Petitioners in respect of which, relief has been granted
based on the reasoning given in the judgment as disclosed
from paragraph 1 to 11."
7. Taking into consideration the fact that the petitioners accepted the
amount of compensation, and the claim of the petitioners in the
present petition is based on paragraph 12 of the order passed in
WP(C) No.1649 of 2017, which has already been deleted by the
Hon'ble Division Bench in Review Petition No.190 of 2019 and
other connected matters, no case is made out for interference.
8. Accordingly, this petition fails and is hereby dismissed. No cost(s).
Sd/-
(Rakesh Mohan Pandey)
Judge
Nimmi
