Chattisgarh High Court
Hemsingh Kaushik vs State Of Chhattisgarh on 22 March, 2025
1
2025:CGHC:13883
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 1049 of 2022
1 - Hemsingh Kaushik S/o Jagdish Kaushik Aged About 48 Years R/o Village
Mungelidih, Post Gochhiya, Tahsil Sahaspur Lohara, District Kabirdham
Chhattisgarh.
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management,
Department, Mantralaya, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur,
District Raipur Chhattisgarh.
2 - The Commissioner Land Records, Chhattisgarh, Raipur, District Raipur
Chhattisgarh.
3 - The Commissioner Durg, District Durg Chhattisgarh.
4 - The Collector (Land Acquisition) Kawardha, District Kabirdham Chhattisgarh.
5 - Sub Division Officer Revenue And Land Acquisition Officer, Kawardha, District
Kabirdham Chhattisgarh.
6 - General Manager Chhattisgarh Road Development Corporation Limited, Raipur,
District Raipur Chhattisgarh.
7 - Tahsildar Kawardha, Tahsil Office Kawardha, District Kabirdham Chhattisgarh.
8 - District Registrar Registration And Stamp, Kawardha, District Kabirdham
Chhattisgarh.
... Respondent(s)
Digitally
signed
by
SHAYNA
(Cause-title taken from the Case Information System)
KADRI
For Petitioner(s) : Mr. Chandrikaditya Pandey, Advocate appearing
on behalf of Mr. Dharmesh Shrivastava, Advocate
For State : Mr. Anmol Sharma, Panel Lawyer
SB- Hon'ble Shri Justice Amitendra Kishore Prasad
Order On Board
22.03.2025
1. Petitioner has filed this writ petition seeking following reliefs :-
"10.1 That, this Hon'ble Court may kindly
be pleased to call for the entire records in
relates to the case of the petitioner from
the possession of respondents for its kind
perusal.
10.2 That, this Hon'ble Court may kindly
be pleased to quash the impugned award
dated 13.10.2020 to the extent relating the
award in respect to the land bearing
khasra no. 203/1 & 203/2 as only affected
land is 203/2 which is owned by the
petitioner.
10.3 That, this Hon'ble Court may kindly
further be pleased to pass an order
directing the respondent no. 4 to pass a
fresh award in respect of the land bearing
khasra no. 203/2 alongwith the constructed
house on the land which have been
acquired and the name of the mother of
the petitioner may kindly be deleted.
10.4 That, this Hon'ble Court may kindly
further be pleased to pass an order
directing the respondent authorities to not
pressurize the petitioner regarding his
consent for sale the land against the
amount awarded by the respondent no. 4
and further be pleased to direct the
respondent authorities to resolve the
claim/objection raised by the petitioner
properly.
10.5 That, this Hon'ble Court may kindly
be pleased to grant any other relief/relief's
in favour of the petitioners, which the
Hon'ble Court deemed fit & just in the facts
and circumstances of the case, including
awarding of the costs to the petitioner."
2. Learned counsel for petitioner submits that this petition is filed against
the award passed by the respondent no. 4 dated 13.10.2020 whereby
without resolving the claim / objection of the petitioner, the land of
petitioner bearing Khasra No. 203/2 was acquired and low
compensation was awarded in favour of the lands bearing khasra no.
203/1 & 203/2.
3. Learned counsel for the State has raised a preliminary objection,
contending that the land in question was acquired with the mutual
consent of the parties as reflecting from Annexure P/1.
4. I have heard learned counsel for the respective parties and also
perused the documents annexed along with the record.
5. From perusal of Annexure P/1, it is apparent that the land has been
acquired with the mutual consent of the parties which is being
challenged by the petitioner. Possession has already been taken, as
such in the light of the judgment rendered by the Hon'ble Supreme
Court in case of Indore Development Authorities vs. Manohal Lal
and others, reported in (2020) 8 SCC 129, petitioner is having no
case. Accordingly this writ petition is dismissed.
6. In the event the petitioner has not received the award amount, the
respondent authorities are hereby directed to disburse the awarded
amount to the petitioner forthwith. If the petitioner is dissatisfied with
the quantum of the award, he may file an appropriate application
before the concerned authority for review/redetermination.
7. With this observation and direction, this writ petition stands disposed of.
Sd/-
(Amitendra Kishore Prasad)
Shayna Judge
