Chattisgarh High Court
Awadesh Mishra vs State Of Chhattisgarh 20 Wps/979/2018 ... on 31 January, 2018
Author: Sanjay K. Agrawal
Bench: Sanjay K. Agrawal
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 247 of 2018
Radha Bai W/o Sonsai Yadav, Aged About 65 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.
2. Collector Janjgir Champa 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.
---- Respondents
WPC No. 264 of 2018
Jawahar Kesharwani S/o Late Shri Kanhaiya, aged about 56 years, R/o Sukul Para, Tahsil Pamgarh, District Janjgir Champa, C.G.
---- 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.
2. Collector Janjgir Champa 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.
---- Respondents And 2 WPC No. 268 of 2018 Awadhesh Mishra, S/o Shri Ram Krishna Mishra, aged about 20 years, R/o Sukul Para, Tahsil Pamgarh, District Janjgir Champa (C.G.)
---- 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.
2. Collector Janjgir Champa 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.
---- Respondents For Petitioner : Mr. Aditya Bhardwaj on behalf of Mr. B.D. Guru, Advocate.
For Respondents / State : Mr. B. Gopa Kumar, Dy. Advocate General.
Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 31/01/18
1. Mr. Aditya Bhardwaj, appearing on behalf of Mr. B. D.Guru, learned counsel for the petitioners, would submit that the petitioners' consent for purchasing their 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 them.
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 petitioners have declined to accept offer 3 and they are not ready and willing to give their land. He would further submit that if the petitioners are not ready and willing to give their land in accordance with the new scheme, land will be reverted to them as only murum has been filled in the land owned by the petitioners.
3. Learned counsel for the petitioners submit that in view of above-stated statement, the respondents be directed to restore their land in original condition as the petitioners are not ready and willing to give their land in accordance with the new scheme as very low compensation is being offered to them.
4. In view of above, the respondents are directed to restore the possession of land of the petitioners in their favour within a period of 15 days from today in the actual condition in which their land was taken. Since the petitioners' land has already been taken and work had also started and they are deprived of their land and its enjoyment for more than four months, therefore, the petitioners 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