Rajni Yadav vs State Of Chhattisgarh 27 Wpc/225/2018 ... on 29 January, 2018

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Chattisgarh High Court

Rajni Yadav vs State Of Chhattisgarh 27 Wpc/225/2018 ... on 29 January, 2018

Bench: Sanjay K. Agrawal

                                     1

                                                                       NAFR

        HIGH COURT OF CHHATTISGARH, BILASPUR

                    Writ Petition (C) No. 211 of 2018

   Krishna Kumar S/o Prananath Rohidas, Aged About 49 Years, R/o Sukul
   Para, Tahsil Pamgarh, District Janjgir Champa (Chhattisgarh), District :
   Janjgir-Champa, Chhattisgarh

                                                                ---- Petitioner

                                 Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Public Works,
   Mahanadi Mantralaya, Naya Raipur, Post Office And Police Station Naya
   Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

2. Collector, Janjgir Champa, District Janjgir Champa Chhattisgarh., District :
   Janjgir-Champa, Chhattisgarh

3. Sub Divisional Officer (Revenue), Pamgarh, District Janjgir Champa
   (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh

4. Executive Engineer, Public Works Department,              Janjgir   Champa
   (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh

                                                             ---- Respondents

Writ Petition (C) No. 212 of 2018 Bharatlal Yadav S/o Late Shri Kartik Ram, Aged About 60 Years, R/o Sukul Para, Tahsil Pamgarh, District Janjgir Champa Chhattisgarh., District :

Janjgir-Champa, Chhattisgarh

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Public Works, Mahanadi Mantralaya, Naya Raipur, Post Office And Police Station Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Collector, Janjgir Champa, District Janjgir Champa Chhattisgarh., District :

Janjgir-Champa, Chhattisgarh

3. Sub Divisional Officer (Revenue) Pamgarh, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

4. Executive Engineer, Public Works Department, Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 2

---- Respondents Writ Petition (C) No. 217 of 2018 Rajni Yadav W/o Murarilal, Aged About 40 Years, R/o Sukul Para, Tahsil Pamgarh, District Janjgir- Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Public Works, Mahanadi Mantralaya, Naya Raipur, Post Office And Police Station Naya Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Collector, Janjgir- Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

3. Sub Divisional Officer, Revenue, Pamgarh, District Janjgir- Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

4. Executive Engineer, Public Works Department, Janjgir- Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

---- Respondents And Writ Petition (C) No. 225 of 2018 Dinesh Shrivas S/o Pardeshi, Aged About 32 Years, R/o Sukul Para, Tahsil Pamgarh, District Janjgir Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Public Works Mahanadi Mantralaya, Naya Raipur, Post Office And Police Station Naya Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

2. Collector, Janjgir Champa, District Janjgir Champa (Chhattisgarh), District :

Janjgir-Champa, Chhattisgarh

3. Sub Divisional Officer (Revenue), Pamgarh, District Janjgir Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh

4. Executive Engineer, Public Works Department, Janjgir Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh

---- Respondents 3 For Petitioners : Mr. B. D. Guru, Advocate.

For Respondents : Mr. Dilman Rathi Minj, Dy. Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 29/01/18

1. Mr. B. D.Guru, learned counsel for the petitioner, would submit that the petitioner's consent for purchasing his land under the Government scheme "vkilh lgefr ls Hkwfe dz; fufr 2016" has been taken by the respondent-State and work has been started by filling murum on his land, but compensation as promised has not been paid to him.

2. Mr. B.Gopa Kumar, learned Deputy Advocate General for the respondents, would submit that in the meanwhile, new scheme for payment of compensation has been pronounced by the State Government under which the petitioner has declined to accept offer and he is not ready and willing to give his land. He would further submit that if the petitioner is not ready and willing to give his land in accordance with the new scheme, land will be reverted to him as only murum has been filled in the land owned by the petitioner.

3. Learned counsel for the petitioner submits that in view of above-stated statements the respondents be directed to restore his land in original condition as the petitioner is not ready and willing to give his land in accordance with the new scheme as very low compensation is being offered to him.

4. In view of above, the respondents are directed to restore the possession of land of the petitioner in his favour within a period of 15 days from today in the actual condition on which his land was taken. Since the petitioner's land has already been taken and work had also started he is deprived of his land and its enjoyment for more than four 4 months, therefore, the petitioner will be entitled for cost of ₹ 5000/- from the State Government.

5. With the aforesaid observation, the writ petition finally stands disposed off. No cost(s).

Sd/-

(Sanjay K. Agrawal) Judge Priyanka

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